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1 AN ACT concerning the Illinois State Police.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Freedom of Information Act is amended by
5 changing Section 7.5 as follows:
6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for
8 by the statutes referenced below, the following shall be
9 exempt from inspection and copying:
10 (a) All information determined to be confidential
11 under Section 4002 of the Technology Advancement and
12 Development Act.
13 (b) Library circulation and order records identifying
14 library users with specific materials under the Library
15 Records Confidentiality Act.
16 (c) Applications, related documents, and medical
17 records received by the Experimental Organ Transplantation
18 Procedures Board and any and all documents or other
19 records prepared by the Experimental Organ Transplantation
20 Procedures Board or its staff relating to applications it
21 has received.
22 (d) Information and records held by the Department of
23 Public Health and its authorized representatives relating
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1 to known or suspected cases of sexually transmissible
2 disease or any information the disclosure of which is
3 restricted under the Illinois Sexually Transmissible
4 Disease Control Act.
5 (e) Information the disclosure of which is exempted
6 under Section 30 of the Radon Industry Licensing Act.
7 (f) Firm performance evaluations under Section 55 of
8 the Architectural, Engineering, and Land Surveying
9 Qualifications Based Selection Act.
10 (g) Information the disclosure of which is restricted
11 and exempted under Section 50 of the Illinois Prepaid
12 Tuition Act.
13 (h) Information the disclosure of which is exempted
14 under the State Officials and Employees Ethics Act, and
15 records of any lawfully created State or local inspector
16 general's office that would be exempt if created or
17 obtained by an Executive Inspector General's office under
18 that Act.
19 (i) Information contained in a local emergency energy
20 plan submitted to a municipality in accordance with a
21 local emergency energy plan ordinance that is adopted
22 under Section 11-21.5-5 of the Illinois Municipal Code.
23 (j) Information and data concerning the distribution
24 of surcharge moneys collected and remitted by carriers
25 under the Emergency Telephone System Act.
26 (k) Law enforcement officer identification information
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1 or driver identification information compiled by a law
2 enforcement agency or the Department of Transportation
3 under Section 11-212 of the Illinois Vehicle Code.
4 (l) Records and information provided to a residential
5 health care facility resident sexual assault and death
6 review team or the Executive Council under the Abuse
7 Prevention Review Team Act.
8 (m) Information provided to the predatory lending
9 database created pursuant to Article 3 of the Residential
10 Real Property Disclosure Act, except to the extent
11 authorized under that Article.
12 (n) Defense budgets and petitions for certification of
13 compensation and expenses for court appointed trial
14 counsel as provided under Sections 10 and 15 of the
15 Capital Crimes Litigation Act. This subsection (n) shall
16 apply until the conclusion of the trial of the case, even
17 if the prosecution chooses not to pursue the death penalty
18 prior to trial or sentencing.
19 (o) Information that is prohibited from being
20 disclosed under Section 4 of the Illinois Health and
21 Hazardous Substances Registry Act.
22 (p) Security portions of system safety program plans,
23 investigation reports, surveys, schedules, lists, data, or
24 information compiled, collected, or prepared by or for the
25 Department of Transportation under Sections 2705-300 and
26 2705-616 of the Department of Transportation Law of the
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1 Civil Administrative Code of Illinois, the Regional
2 Transportation Authority under Section 2.11 of the
3 Regional Transportation Authority Act, or the St. Clair
4 County Transit District under the Bi-State Transit Safety
5 Act.
6 (q) Information prohibited from being disclosed by the
7 Personnel Record Review Act.
8 (r) Information prohibited from being disclosed by the
9 Illinois School Student Records Act.
10 (s) Information the disclosure of which is restricted
11 under Section 5-108 of the Public Utilities Act.
12 (t) All identified or deidentified health information
13 in the form of health data or medical records contained
14 in, stored in, submitted to, transferred by, or released
15 from the Illinois Health Information Exchange, and
16 identified or deidentified health information in the form
17 of health data and medical records of the Illinois Health
18 Information Exchange in the possession of the Illinois
19 Health Information Exchange Office due to its
20 administration of the Illinois Health Information
21 Exchange. The terms "identified" and "deidentified" shall
22 be given the same meaning as in the Health Insurance
23 Portability and Accountability Act of 1996, Public Law
24 104-191, or any subsequent amendments thereto, and any
25 regulations promulgated thereunder.
26 (u) Records and information provided to an independent
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1 team of experts under the Developmental Disability and
2 Mental Health Safety Act (also known as Brian's Law).
3 (v) Names and information of people who have applied
4 for or received Firearm Owner's Identification Cards under
5 the Firearm Owners Identification Card Act or applied for
6 or received a concealed carry license under the Firearm
7 Concealed Carry Act, unless otherwise authorized by the
8 Firearm Concealed Carry Act; and databases under the
9 Firearm Concealed Carry Act, records of the Concealed
10 Carry Licensing Review Board under the Firearm Concealed
11 Carry Act, and law enforcement agency objections under the
12 Firearm Concealed Carry Act.
13 (v-5) Records of the Firearm Owner's Identification
14 Card Review Board that are exempted from disclosure under
15 Section 10 of the Firearm Owners Identification Card Act.
16 (w) Personally identifiable information which is
17 exempted from disclosure under subsection (g) of Section
18 19.1 of the Toll Highway Act.
19 (x) Information which is exempted from disclosure
20 under Section 5-1014.3 of the Counties Code or Section
21 8-11-21 of the Illinois Municipal Code.
22 (y) Confidential information under the Adult
23 Protective Services Act and its predecessor enabling
24 statute, the Elder Abuse and Neglect Act, including
25 information about the identity and administrative finding
26 against any caregiver of a verified and substantiated
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1 decision of abuse, neglect, or financial exploitation of
2 an eligible adult maintained in the Registry established
3 under Section 7.5 of the Adult Protective Services Act.
4 (z) Records and information provided to a fatality
5 review team or the Illinois Fatality Review Team Advisory
6 Council under Section 15 of the Adult Protective Services
7 Act.
8 (aa) Information which is exempted from disclosure
9 under Section 2.37 of the Wildlife Code.
10 (bb) Information which is or was prohibited from
11 disclosure by the Juvenile Court Act of 1987.
12 (cc) Recordings made under the Law Enforcement
13 Officer-Worn Body Camera Act, except to the extent
14 authorized under that Act.
15 (dd) Information that is prohibited from being
16 disclosed under Section 45 of the Condominium and Common
17 Interest Community Ombudsperson Act.
18 (ee) Information that is exempted from disclosure
19 under Section 30.1 of the Pharmacy Practice Act.
20 (ff) Information that is exempted from disclosure
21 under the Revised Uniform Unclaimed Property Act.
22 (gg) Information that is prohibited from being
23 disclosed under Section 7-603.5 of the Illinois Vehicle
24 Code.
25 (hh) Records that are exempt from disclosure under
26 Section 1A-16.7 of the Election Code.
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1 (ii) Information which is exempted from disclosure
2 under Section 2505-800 of the Department of Revenue Law of
3 the Civil Administrative Code of Illinois.
4 (jj) Information and reports that are required to be
5 submitted to the Department of Labor by registering day
6 and temporary labor service agencies but are exempt from
7 disclosure under subsection (a-1) of Section 45 of the Day
8 and Temporary Labor Services Act.
9 (kk) Information prohibited from disclosure under the
10 Seizure and Forfeiture Reporting Act.
11 (ll) Information the disclosure of which is restricted
12 and exempted under Section 5-30.8 of the Illinois Public
13 Aid Code.
14 (mm) Records that are exempt from disclosure under
15 Section 4.2 of the Crime Victims Compensation Act.
16 (nn) Information that is exempt from disclosure under
17 Section 70 of the Higher Education Student Assistance Act.
18 (oo) Communications, notes, records, and reports
19 arising out of a peer support counseling session
20 prohibited from disclosure under the First Responders
21 Suicide Prevention Act.
22 (pp) Names and all identifying information relating to
23 an employee of an emergency services provider or law
24 enforcement agency under the First Responders Suicide
25 Prevention Act.
26 (qq) Information and records held by the Department of
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1 Public Health and its authorized representatives collected
2 under the Reproductive Health Act.
3 (rr) Information that is exempt from disclosure under
4 the Cannabis Regulation and Tax Act.
5 (ss) Data reported by an employer to the Department of
6 Human Rights pursuant to Section 2-108 of the Illinois
7 Human Rights Act.
8 (tt) Recordings made under the Children's Advocacy
9 Center Act, except to the extent authorized under that
10 Act.
11 (uu) Information that is exempt from disclosure under
12 Section 50 of the Sexual Assault Evidence Submission Act.
13 (vv) Information that is exempt from disclosure under
14 subsections (f) and (j) of Section 5-36 of the Illinois
15 Public Aid Code.
16 (ww) Information that is exempt from disclosure under
17 Section 16.8 of the State Treasurer Act.
18 (xx) Information that is exempt from disclosure or
19 information that shall not be made public under the
20 Illinois Insurance Code.
21 (yy) Information prohibited from being disclosed under
22 the Illinois Educational Labor Relations Act.
23 (zz) Information prohibited from being disclosed under
24 the Illinois Public Labor Relations Act.
25 (aaa) Information prohibited from being disclosed
26 under Section 1-167 of the Illinois Pension Code.
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1 (bbb) Information that is prohibited from disclosure
2 by the Illinois Police Training Act and the Illinois State
3 Police Act.
4 (ccc) Records exempt from disclosure under Section
5 2605-304 of the Illinois State Police Law of the Civil
6 Administrative Code of Illinois.
7 (ddd) Information prohibited from being disclosed
8 under Section 35 of the Address Confidentiality for
9 Victims of Domestic Violence, Sexual Assault, Human
10 Trafficking, or Stalking Act.
11 (eee) Information prohibited from being disclosed
12 under subsection (b) of Section 75 of the Domestic
13 Violence Fatality Review Act.
14 (fff) Images from cameras under the Expressway Camera
15 Act. This subsection (fff) is inoperative on and after
16 July 1, 2025 2023.
17 (ggg) Information prohibited from disclosure under
18 paragraph (3) of subsection (a) of Section 14 of the Nurse
19 Agency Licensing Act.
20 (hhh) Information submitted to the Illinois Department
21 of State Police in an affidavit or application for an
22 assault weapon endorsement, assault weapon attachment
23 endorsement, .50 caliber rifle endorsement, or .50 caliber
24 cartridge endorsement under the Firearm Owners
25 Identification Card Act.
26 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
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1 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
2 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
3 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
4 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
5 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
6 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
7 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
8 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
9 2-13-23.)
10 Section 5. The Gun Trafficking Information Act is amended
11 by changing Section 10-5 as follows:
12 (5 ILCS 830/10-5)
13 Sec. 10-5. Gun trafficking information.
14 (a) The Illinois State Police shall use all reasonable
15 efforts, as allowed by State law and regulations, federal law
16 and regulations, and executed Memoranda of Understanding
17 between Illinois law enforcement agencies and the U.S. Bureau
18 of Alcohol, Tobacco, Firearms and Explosives, in making
19 publicly available, on a regular and ongoing basis, key
20 information related to firearms used in the commission of
21 crimes in this State, including, but not limited to: reports
22 on crimes committed with firearms, locations where the crimes
23 occurred, the number of persons killed or injured in the
24 commission of the crimes, the state where the firearms used
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1 originated, the Federal Firearms Licensee that sold the
2 firearm, the type of firearms used, if known, annual
3 statistical information concerning Firearm Owner's
4 Identification Card and concealed carry license applications,
5 revocations, and compliance with Section 9.5 of the Firearm
6 Owners Identification Card Act, the information required in
7 the report or on the Illinois State Police's website under
8 Section 85 of the Firearms Restraining Order Act firearm
9 restraining order dispositions, and firearm dealer license
10 certification inspections. The Illinois State Police shall
11 make the information available on its website, which may be
12 presented in a dashboard format, in addition to electronically
13 filing a report with the Governor and the General Assembly.
14 The report to the General Assembly shall be filed with the
15 Clerk of the House of Representatives and the Secretary of the
16 Senate in electronic form only, in the manner that the Clerk
17 and the Secretary shall direct.
18 (b) The Illinois State Police shall study, on a regular
19 and ongoing basis, and compile reports on the number of
20 Firearm Owner's Identification Card checks to determine
21 firearms trafficking or straw purchase patterns. The Illinois
22 State Police shall, to the extent not inconsistent with law,
23 share such reports and underlying data with academic centers,
24 foundations, and law enforcement agencies studying firearms
25 trafficking, provided that personally identifying information
26 is protected. For purposes of this subsection (b), a Firearm
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1 Owner's Identification Card number is not personally
2 identifying information, provided that no other personal
3 information of the card holder is attached to the record. The
4 Illinois State Police may create and attach an alternate
5 unique identifying number to each Firearm Owner's
6 Identification Card number, instead of releasing the Firearm
7 Owner's Identification Card number itself.
8 (c) Each department, office, division, and agency of this
9 State shall, to the extent not inconsistent with law,
10 cooperate fully with the Illinois State Police and furnish the
11 Illinois State Police with all relevant information and
12 assistance on a timely basis as is necessary to accomplish the
13 purpose of this Act. The Illinois Criminal Justice Information
14 Authority shall submit the information required in subsection
15 (a) of this Section to the Illinois State Police, and any other
16 information as the Illinois State Police may request, to
17 assist the Illinois State Police in carrying out its duties
18 under this Act.
19 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
20 102-813, eff. 5-13-22.)
21 Section 10. The Illinois State Police Law of the Civil
22 Administrative Code of Illinois is amended by changing
23 Sections 2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45,
24 2605-51, 2605-52, 2605-200, and 2605-615 as follows:
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1 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
2 Sec. 2605-10. Powers and duties, generally.
3 (a) The Illinois State Police shall exercise the rights,
4 powers, and duties that have been vested in the Illinois State
5 Police by the following:
6 The Illinois State Police Act.
7 The Illinois State Police Radio Act.
8 The Criminal Identification Act.
9 The Illinois Vehicle Code.
10 The Firearm Owners Identification Card Act.
11 The Firearm Concealed Carry Act.
12 The Firearm Dealer License Certification Act Gun Dealer
13 Licensing Act.
14 The Intergovernmental Missing Child Recovery Act of 1984.
15 The Intergovernmental Drug Laws Enforcement Act.
16 The Narcotic Control Division Abolition Act.
17 The Illinois Uniform Conviction Information Act.
18 The Murderer and Violent Offender Against Youth
19 Registration Act.
20 (b) The Illinois State Police shall have the powers and
21 duties set forth in the following Sections.
22 (c) The Illinois State Police shall exercise the rights,
23 powers, and duties vested in the Illinois State Police to
24 implement the following protective service functions for State
25 facilities, State officials, and State employees serving in
26 their official capacity:
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1 (1) Utilize subject matter expertise and law
2 enforcement authority to strengthen the protection of
3 State government facilities, State employees, State
4 officials, and State critical infrastructure.
5 (2) Coordinate State, federal, and local law
6 enforcement activities involving the protection of State
7 facilities, officials and employees.
8 (3) Conduct investigations of criminal threats to
9 State facilities, State critical infrastructure, State
10 officials and State employees.
11 (4) Train State officials and employees in personal
12 protection, crime prevention, facility occupant emergency
13 planning, and incident management.
14 (5) Establish standard protocols for prevention and
15 response to criminal threats to State facilities, State
16 officials, State employees, State critical infrastructure,
17 and standard protocols for reporting of suspicious
18 activities.
19 (6) Establish minimum operational standards,
20 qualifications, training, and compliance requirements for
21 State employees and contractors engaged in the protection
22 of State facilities and employees.
23 (7) At the request of departments or agencies of State
24 government, conduct security assessments, including, but
25 not limited to, examination of alarm systems, cameras
26 systems, access points, personnel readiness, and emergency
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1 protocols based on risk and need.
2 (8) Oversee the planning and implementation of
3 security and law enforcement activities necessary for the
4 protection of major, multi-jurisdictional events
5 implicating potential criminal threats to State officials,
6 State employees, or State-owned, State-leased, or
7 State-operated critical infrastructure or facilities.
8 (9) Oversee and direct the planning and implementation
9 of security and law enforcement activities by the
10 departments and agencies of the State necessary for the
11 protection of State employees, State officials, and
12 State-owned, State-leased, or State-operated critical
13 infrastructure or facilities from criminal activity.
14 (10) Advise the Governor and Homeland Security Advisor
15 on any matters necessary for the effective protection of
16 State facilities, critical infrastructure, officials, and
17 employees from criminal threats.
18 (11) Utilize intergovernmental agreements and
19 administrative rules as needed for the effective,
20 efficient implementation of law enforcement and support
21 activities necessary for the protection of State
22 facilities, State infrastructure, State officials, and
23 State employees.
24 (Source: P.A. 102-538, eff. 8-20-21.)
25 (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
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1 Sec. 2605-25. Illinois State Police divisions.
2 (a) The Illinois State Police is divided into the Division
3 of Statewide 9-1-1, the Division of Patrol Operations, the
4 Division of Criminal Investigation, the Division of Forensic
5 Services, the Division of Justice Services, the Division of
6 the Academy and Training, and the Division of Internal
7 Investigation.
8 (b) The Office of the Director shall:
9 (1) Exercise the rights, powers, and duties vested in
10 the Illinois State Police by the Governor's Office of
11 Management and Budget Act.
12 (2) Exercise the rights, powers, and duties vested in
13 the Illinois State Police by the Personnel Code.
14 (3) Exercise the rights, powers, and duties vested in
15 the Illinois State Police by "An Act relating to internal
16 auditing in State government", approved August 11, 1967
17 (repealed; now the Fiscal Control and Internal Auditing
18 Act).
19 (4) Oversee the Executive Protection Unit.
20 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
21 (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
22 Sec. 2605-30. Division of Patrol Operations (formerly
23 State Troopers). The Division of Patrol Operations shall
24 exercise the following functions and those in Section 2605-35:
25 (1) Cooperate with federal and State authorities
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1 requesting utilization of the Illinois State Police's
2 radio network system under the Illinois Aeronautics Act.
3 (2) Exercise the rights, powers, and duties of the
4 Illinois State Police under the Illinois State Police Act.
5 (2.5) Provide uniformed patrol of Illinois highways
6 and proactively enforce criminal and traffic laws.
7 (3) (Blank).
8 (4) Exercise the rights, powers, and duties of the
9 Illinois State Police vested by law in the Illinois State
10 Police by the Illinois Vehicle Code.
11 (5) Exercise other duties that have been or may be
12 vested by law in the Illinois State Police.
13 (6) Exercise other duties that may be assigned by the
14 Director in order to fulfill the responsibilities and to
15 achieve the purposes of the Illinois State Police.
16 (7) Provide comprehensive law enforcement services to
17 the public and to county, municipal, and federal law
18 enforcement agencies, at their request.
19 (8) Patrol Illinois highways with the intent to
20 interdict crime and ensure traffic safety while assisting
21 citizens during times of need.
22 (Source: P.A. 102-538, eff. 8-20-21.)
23 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
24 Sec. 2605-35. Division of Criminal Investigation.
25 (a) The Division of Criminal Investigation shall exercise
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1 the following functions and those in Section 2605-30:
2 (1) Exercise the rights, powers, and duties vested by
3 law in the Illinois State Police by the Illinois Horse
4 Racing Act of 1975, including those set forth in Section
5 2605-215.
6 (2) Investigate the origins, activities, personnel,
7 and incidents of crime and enforce the criminal laws of
8 this State related thereto.
9 (3) Enforce all laws regulating the production, sale,
10 prescribing, manufacturing, administering, transporting,
11 having in possession, dispensing, delivering,
12 distributing, or use of controlled substances and
13 cannabis.
14 (4) Cooperate with the police of cities, villages, and
15 incorporated towns and with the police officers of any
16 county in enforcing the laws of the State and in making
17 arrests and recovering property.
18 (5) Apprehend and deliver up any person charged in
19 this State or any other state with treason or a felony or
20 other crime who has fled from justice and is found in this
21 State.
22 (6) Investigate recipients and providers under the
23 Illinois Public Aid Code and any personnel involved in the
24 administration of the Code who are suspected of any
25 violation of the Code pertaining to fraud in the
26 administration, receipt, or provision of assistance and
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1 pertaining to any violation of criminal law; and exercise
2 the functions required under Section 2605-220 in the
3 conduct of those investigations.
4 (7) Conduct other investigations as provided by law,
5 including, but not limited to, investigations of human
6 trafficking, illegal drug trafficking, and illegal
7 firearms trafficking, and cyber crimes that can be
8 investigated and prosecuted in Illinois.
9 (8) Investigate public corruption.
10 (9) Exercise other duties that may be assigned by the
11 Director in order to fulfill the responsibilities and
12 achieve the purposes of the Illinois State Police, which
13 may include the coordination of gang, terrorist, and
14 organized crime prevention, control activities, and
15 assisting local law enforcement in their crime control
16 activities.
17 (10) Conduct investigations (and cooperate with
18 federal law enforcement agencies in the investigation) of
19 any property-related crimes, such as money laundering,
20 involving individuals or entities listed on the sanctions
21 list maintained by the U.S. Department of Treasury's
22 Office of Foreign Asset Control.
23 (11) Oversee Illinois State Police special weapons and
24 tactics (SWAT) teams, including law enforcement response
25 to weapons of mass destruction.
26 (12) Oversee Illinois State Police air operations.
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1 (13) Investigate criminal domestic terrorism
2 incidents, and otherwise deter all criminal threats to
3 Illinois.
4 (a-5) The Division of Criminal Investigation shall gather
5 information, intelligence, and evidence to facilitate the
6 identification, apprehension, and prosecution of persons
7 responsible for committing crime; to provide specialized
8 intelligence and analysis, investigative, tactical, and
9 technological services in support of law enforcement
10 operations throughout the State of Illinois; and to oversee
11 and operate the statewide criminal intelligence fusion center.
12 (b) (Blank).
13 (c) The Division of Criminal Investigation shall provide
14 statewide coordination and strategy pertaining to
15 firearm-related intelligence, firearms trafficking
16 interdiction, and investigations reaching across all divisions
17 of the Illinois State Police, including providing crime gun
18 intelligence support for suspects and firearms involved in
19 firearms trafficking or the commission of a crime involving
20 firearms that is investigated by the Illinois State Police and
21 other federal, State, and local law enforcement agencies, with
22 the objective of reducing and preventing illegal possession
23 and use of firearms, firearms trafficking, firearm-related
24 homicides, and other firearm-related violent crimes in
25 Illinois.
26 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
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1 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
2 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
3 Sec. 2605-40. Division of Forensic Services. The Division
4 of Forensic Services shall exercise the following functions:
5 (1) Provide crime scene services and traffic crash
6 reconstruction.
7 (2) Exercise the rights, powers, and duties vested by
8 law in the Illinois State Police by Section 2605-300 of
9 this Law.
10 (3) Provide assistance to local law enforcement
11 agencies through training, management, and consultant
12 services.
13 (4) (Blank).
14 (5) Exercise other duties that may be assigned by the
15 Director in order to fulfill the responsibilities and
16 achieve the purposes of the Illinois State Police.
17 (6) Establish and operate a forensic science
18 laboratory system, including a forensic toxicological
19 laboratory service, for the purpose of testing specimens
20 submitted by coroners and other law enforcement officers
21 in their efforts to determine whether alcohol, drugs, or
22 poisonous or other toxic substances have been involved in
23 deaths, accidents, or illness. Forensic toxicological
24 laboratories shall be established in Springfield, Chicago,
25 and elsewhere in the State as needed.
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1 (6.5) Establish administrative rules in order to set
2 forth standardized requirements for the disclosure of
3 toxicology results and other relevant documents related to
4 a toxicological analysis. These administrative rules are
5 to be adopted to produce uniform and sufficient
6 information to allow a proper, well-informed determination
7 of the admissibility of toxicology evidence and to ensure
8 that this evidence is presented competently. These
9 administrative rules are designed to provide a minimum
10 standard for compliance of toxicology evidence and are not
11 intended to limit the production and discovery of material
12 information.
13 (7) Subject to specific appropriations made for these
14 purposes, establish and coordinate a system for providing
15 accurate and expedited forensic science and other
16 investigative and laboratory services to local law
17 enforcement agencies and local State's Attorneys in aid of
18 the investigation and trial of capital cases.
19 (8) Exercise the rights, powers, and duties vested by
20 law in the Illinois State Police under the Sexual Assault
21 Evidence Submission Act.
22 (9) Serve as the State central repository for all
23 genetic marker grouping analysis information and exercise
24 the rights, powers, and duties vested by law in the
25 Illinois State Police under Section 5-4-3 of the Unified
26 Code of Corrections.
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1 (10) Issue reports required under Section 5-4-3a of
2 the Unified Code of Corrections.
3 (11) Oversee the Electronic Laboratory Information
4 Management System under Section 5-4-3b of the Unified Code
5 of Corrections.
6 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21;
7 102-813, eff. 5-13-22.)
8 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
9 Sec. 2605-45. Division of Justice Services. The Division
10 of Justice Services shall provide administrative and technical
11 services and support to the Illinois State Police, criminal
12 justice agencies, and the public and shall exercise the
13 following functions:
14 (1) Operate and maintain the Law Enforcement Agencies
15 Data System (LEADS), a statewide, computerized
16 telecommunications system designed to provide services,
17 information, and capabilities to the law enforcement and
18 criminal justice community in the State of Illinois. The
19 Director is responsible for establishing policy,
20 procedures, and regulations consistent with State and
21 federal rules, policies, and law by which LEADS operates.
22 The Director shall designate a statewide LEADS
23 Administrator for management of the system. The Director
24 may appoint a LEADS Advisory Policy Board to reflect the
25 needs and desires of the law enforcement and criminal
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1 justice community and to make recommendations concerning
2 policies and procedures.
3 (2) Pursue research and the publication of studies
4 pertaining to local law enforcement activities.
5 (3) Serve as the State's point of contact for the
6 Federal Bureau of Investigation's Uniform Crime Reporting
7 Program and National Incident-Based Reporting System.
8 (4) Operate an electronic data processing and computer
9 center for the storage and retrieval of data pertaining to
10 criminal activity.
11 (5) Exercise the rights, powers, and duties vested in
12 the Illinois State Police by the Cannabis Regulation and
13 Tax Act and the Compassionate Use of Medical Cannabis
14 Program Act.
15 (6) (Blank).
16 (6.5) Exercise the rights, powers, and duties vested
17 in the Illinois State Police by the Firearm Owners
18 Identification Card Act, the Firearm Concealed Carry Act,
19 the Firearm Transfer Inquiry Program, the prohibited
20 persons portal under Section 2605-304, and the Firearm
21 Dealer License Certification Act.
22 (7) Exercise other duties that may be assigned by the
23 Director to fulfill the responsibilities and achieve the
24 purposes of the Illinois State Police.
25 (8) Exercise the rights, powers, and duties vested by
26 law in the Illinois State Police by the Criminal
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1 Identification Act and the Illinois Uniform Conviction
2 Information Act.
3 (9) Exercise the powers and perform the duties that
4 have been vested in the Illinois State Police by the
5 Murderer and Violent Offender Against Youth Registration
6 Act, the Sex Offender Registration Act, and the Sex
7 Offender Community Notification Law and adopt reasonable
8 rules necessitated thereby.
9 (10) Serve as the State central repository for
10 criminal history record information.
11 (11) Share all necessary information with the
12 Concealed Carry Licensing Review Board and the Firearms
13 Owner's Identification Card Review Board necessary for the
14 execution of their duties.
15 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
16 (20 ILCS 2605/2605-51)
17 Sec. 2605-51. Division of the Academy and Training.
18 (a) The Division of the Academy and Training shall
19 exercise, but not be limited to, the following functions:
20 (1) Oversee and operate the Illinois State Police
21 Training Academy.
22 (2) Train and prepare new officers for a career in law
23 enforcement, with innovative, quality training and
24 educational practices.
25 (3) Offer continuing training and educational programs
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1 for Illinois State Police employees.
2 (4) Oversee the Illinois State Police's recruitment
3 initiatives.
4 (5) Oversee and operate the Illinois State Police's
5 quartermaster.
6 (6) Duties assigned to the Illinois State Police in
7 Article 5, Chapter 11 of the Illinois Vehicle Code
8 concerning testing and training officers on the detection
9 of impaired driving.
10 (7) Duties assigned to the Illinois State Police in
11 Article 108B of the Code of Criminal Procedure.
12 (a-5) Successful completion of the Illinois State Police
13 Academy satisfies the minimum standards pursuant to
14 subsections (a), (b), and (d) of Section 7 of the Illinois
15 Police Training Act and exempts State police officers from the
16 Illinois Law Enforcement Training Standards Board's State
17 Comprehensive Examination and Equivalency Examination.
18 Satisfactory completion shall be evidenced by a commission or
19 certificate issued to the officer.
20 (b) The Division of the Academy and Training shall
21 exercise the rights, powers, and duties vested in the former
22 Division of State Troopers by Section 17 of the Illinois State
23 Police Act.
24 (c) Specialized training.
25 (1) Training; cultural diversity. The Division of the
26 Academy and Training shall provide training and continuing
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1 education to State police officers concerning cultural
2 diversity, including sensitivity toward racial and ethnic
3 differences. This training and continuing education shall
4 include, but not be limited to, an emphasis on the fact
5 that the primary purpose of enforcement of the Illinois
6 Vehicle Code is safety and equal and uniform enforcement
7 under the law.
8 (2) Training; death and homicide investigations. The
9 Division of the Academy and Training shall provide
10 training in death and homicide investigation for State
11 police officers. Only State police officers who
12 successfully complete the training may be assigned as lead
13 investigators in death and homicide investigations.
14 Satisfactory completion of the training shall be evidenced
15 by a certificate issued to the officer by the Division of
16 the Academy and Training. The Director shall develop a
17 process for waiver applications for officers whose prior
18 training and experience as homicide investigators may
19 qualify them for a waiver. The Director may issue a
20 waiver, at his or her discretion, based solely on the
21 prior training and experience of an officer as a homicide
22 investigator.
23 (A) The Division shall require all homicide
24 investigator training to include instruction on
25 victim-centered, trauma-informed investigation. This
26 training must be implemented by July 1, 2023.
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1 (B) The Division shall cooperate with the Division
2 of Criminal Investigation to develop a model
3 curriculum on victim-centered, trauma-informed
4 investigation. This curriculum must be implemented by
5 July 1, 2023.
6 (3) Training; police dog training standards. All
7 police dogs used by the Illinois State Police for drug
8 enforcement purposes pursuant to the Cannabis Control Act,
9 the Illinois Controlled Substances Act, and the
10 Methamphetamine Control and Community Protection Act shall
11 be trained by programs that meet the certification
12 requirements set by the Director or the Director's
13 designee. Satisfactory completion of the training shall be
14 evidenced by a certificate issued by the Division of the
15 Academy and Training.
16 (4) Training; post-traumatic stress disorder. The
17 Division of the Academy and Training shall conduct or
18 approve a training program in post-traumatic stress
19 disorder for State police officers. The purpose of that
20 training shall be to equip State police officers to
21 identify the symptoms of post-traumatic stress disorder
22 and to respond appropriately to individuals exhibiting
23 those symptoms.
24 (5) Training; opioid antagonists. The Division of the
25 Academy and Training shall conduct or approve a training
26 program for State police officers in the administration of
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1 opioid antagonists as defined in paragraph (1) of
2 subsection (e) of Section 5-23 of the Substance Use
3 Disorder Act that is in accordance with that Section. As
4 used in this Section, "State police officers" includes
5 full-time or part-time State police officers,
6 investigators, and any other employee of the Illinois
7 State Police exercising the powers of a peace officer.
8 (6) Training; sexual assault and sexual abuse.
9 (A) Every 3 years, the Division of the Academy and
10 Training shall present in-service training on sexual
11 assault and sexual abuse response and report writing
12 training requirements, including, but not limited to,
13 the following:
14 (i) recognizing the symptoms of trauma;
15 (ii) understanding the role trauma has played
16 in a victim's life;
17 (iii) responding to the needs and concerns of
18 a victim;
19 (iv) delivering services in a compassionate,
20 sensitive, and nonjudgmental manner;
21 (v) interviewing techniques in accordance with
22 the curriculum standards in this paragraph (6);
23 (vi) understanding cultural perceptions and
24 common myths of sexual assault and sexual abuse;
25 and
26 (vii) report writing techniques in accordance
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1 with the curriculum standards in this paragraph
2 (6).
3 (B) This training must also be presented in all
4 full and part-time basic law enforcement academies.
5 (C) Instructors providing this training shall have
6 successfully completed training on evidence-based,
7 trauma-informed, victim-centered responses to cases of
8 sexual assault and sexual abuse and have experience
9 responding to sexual assault and sexual abuse cases.
10 (D) The Illinois State Police shall adopt rules,
11 in consultation with the Office of the Attorney
12 General and the Illinois Law Enforcement Training
13 Standards Board, to determine the specific training
14 requirements for these courses, including, but not
15 limited to, the following:
16 (i) evidence-based curriculum standards for
17 report writing and immediate response to sexual
18 assault and sexual abuse, including
19 trauma-informed, victim-centered interview
20 techniques, which have been demonstrated to
21 minimize retraumatization, for all State police
22 officers; and
23 (ii) evidence-based curriculum standards for
24 trauma-informed, victim-centered investigation
25 and interviewing techniques, which have been
26 demonstrated to minimize retraumatization, for
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1 cases of sexual assault and sexual abuse for all
2 State police officers who conduct sexual assault
3 and sexual abuse investigations.
4 (7) Training; human trafficking. The Division of the
5 Academy and Training shall conduct or approve a training
6 program in the detection and investigation of all forms of
7 human trafficking, including, but not limited to,
8 involuntary servitude under subsection (b) of Section 10-9
9 of the Criminal Code of 2012, involuntary sexual servitude
10 of a minor under subsection (c) of Section 10-9 of the
11 Criminal Code of 2012, and trafficking in persons under
12 subsection (d) of Section 10-9 of the Criminal Code of
13 2012. This program shall be made available to all cadets
14 and State police officers.
15 (8) Training; hate crimes. The Division of the Academy
16 and Training shall provide training for State police
17 officers in identifying, responding to, and reporting all
18 hate crimes.
19 (d) The Division of the Academy and Training shall
20 administer and conduct a program consistent with 18 U.S.C.
21 926B and 926C for qualified active and retired Illinois State
22 Police officers.
23 (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
24 102-813, eff. 5-13-22.)
25 (20 ILCS 2605/2605-52)
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1 Sec. 2605-52. Division of Statewide 9-1-1.
2 (a) There shall be established an Office of the Statewide
3 9-1-1 Administrator within the Division of Statewide 9-1-1.
4 Beginning January 1, 2016, the Office of the Statewide 9-1-1
5 Administrator shall be responsible for developing,
6 implementing, and overseeing a uniform statewide 9-1-1 system
7 for all areas of the State outside of municipalities having a
8 population over 500,000.
9 (b) The Governor shall appoint, with the advice and
10 consent of the Senate, a Statewide 9-1-1 Administrator. The
11 Administrator shall serve for a term of 2 years, and until a
12 successor is appointed and qualified; except that the term of
13 the first 9-1-1 Administrator appointed under this Act shall
14 expire on the third Monday in January, 2017. The Administrator
15 shall not hold any other remunerative public office. The
16 Administrator shall receive an annual salary as set by the
17 Governor.
18 (c) The Illinois State Police, from appropriations made to
19 it for that purpose, shall make grants to 9-1-1 Authorities
20 for the purpose of defraying costs associated with 9-1-1
21 system consolidations awarded by the Administrator under
22 Section 15.4b of the Emergency Telephone System Act.
23 (d) The Division of Statewide 9-1-1 shall exercise the
24 rights, powers, and duties vested by law in the Illinois State
25 Police by the State Police Radio Act and shall oversee the
26 Illinois State Police radio network, including the Illinois
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1 State Police Emergency Radio Network and Illinois State
2 Police's STARCOM21.
3 (e) The Division of Statewide 9-1-1 shall also conduct the
4 following communication activities:
5 (1) Acquire and operate one or more radio broadcasting
6 stations in the State to be used for police purposes.
7 (2) Operate a statewide communications network to
8 gather and disseminate information for law enforcement
9 agencies.
10 (3) Undertake other communication activities that may
11 be required by law.
12 (4) Oversee Illinois State Police telecommunications.
13 (f) The Division of Statewide 9-1-1 shall oversee the
14 Illinois State Police fleet operations.
15 (Source: P.A. 102-538, eff. 8-20-21.)
16 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
17 Sec. 2605-200. Investigations of crime; enforcement of
18 laws; records; crime laboratories; personnel.
19 (a) To do the following:
20 (1) Investigate the origins, activities, personnel,
21 and incidents of crime and the ways and means to redress
22 the victims of crimes; study the impact, if any, of
23 legislation relative to the effusion of crime and growing
24 crime rates; and enforce the criminal laws of this State
25 related thereto.
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1 (2) Enforce all laws regulating the production, sale,
2 prescribing, manufacturing, administering, transporting,
3 having in possession, dispensing, delivering,
4 distributing, or use of controlled substances and
5 cannabis.
6 (3) Employ skilled experts, scientists, technicians,
7 investigators, or otherwise specially qualified persons to
8 aid in preventing or detecting crime, apprehending
9 criminals, or preparing and presenting evidence of
10 violations of the criminal laws of the State.
11 (4) Cooperate with the police of cities, villages, and
12 incorporated towns and with the police officers of any
13 county in enforcing the laws of the State and in making
14 arrests and recovering property.
15 (5) Apprehend and deliver up any person charged in
16 this State or any other state of the United States with
17 treason or a felony or other crime who has fled from
18 justice and is found in this State.
19 (6) Conduct other investigations as provided by law.
20 (7) Be a central repository and custodian of criminal
21 statistics for the State.
22 (8) Be a central repository for criminal history
23 record information.
24 (9) Procure and file for record information that is
25 necessary and helpful to plan programs of crime
26 prevention, law enforcement, and criminal justice.
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1 (10) Procure and file for record copies of
2 fingerprints that may be required by law.
3 (11) Establish general and field crime laboratories.
4 (12) Register and file for record information that may
5 be required by law for the issuance of firearm owner's
6 identification cards under the Firearm Owners
7 Identification Card Act and concealed carry licenses under
8 the Firearm Concealed Carry Act.
9 (13) Employ laboratory technicians and other specially
10 qualified persons to aid in the identification of criminal
11 activity and the identification, collection, and recovery
12 of cyber forensics, including, but not limited to, digital
13 evidence, and may employ polygraph operators and forensic
14 anthropologists.
15 (14) Undertake other identification, information,
16 laboratory, statistical, or registration activities that
17 may be required by law.
18 (b) Persons exercising the powers set forth in subsection
19 (a) within the Illinois State Police are conservators of the
20 peace and as such have all the powers possessed by policemen in
21 cities and sheriffs, except that they may exercise those
22 powers anywhere in the State in cooperation with and after
23 contact with the local law enforcement officials. Those
24 persons may use false or fictitious names in the performance
25 of their duties under this Section, upon approval of the
26 Director, and shall not be subject to prosecution under the
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1 criminal laws for that use.
2 (Source: P.A. 102-538, eff. 8-20-21.)
3 (20 ILCS 2605/2605-615)
4 Sec. 2605-615. Illinois Forensic Science Commission.
5 (a) Creation. There is created within the Illinois State
6 Police the Illinois Forensic Science Commission.
7 (b) Duties and purpose. The Commission shall:
8 (1) Provide guidance to ensure the efficient delivery
9 of forensic services and the sound practice of forensic
10 science.
11 (2) Provide a forum for discussions between forensic
12 science stakeholders to improve communication and
13 coordination and to monitor the important issues impacting
14 all stakeholders.
15 (3) Take a systems-based approach in reviewing all
16 aspects of the delivery of forensic services and the sound
17 practice of forensic science with the goal of reducing or
18 eliminating the factors and inefficiencies that contribute
19 to backlogs and errors, with a focus on education and
20 training, funding, hiring, procurement, and other aspects
21 identified by the Commission.
22 (4) Review significant non-conformities with the sound
23 practice of forensic science documented by each publicly
24 funded forensic laboratory and offer recommendations for
25 the correction thereof.
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1 (5) Subject to appropriation, provide educational,
2 research, and professional training opportunities for
3 practicing forensic scientists, police officers, judges,
4 State's Attorneys and Assistant State's Attorneys, Public
5 Defenders, and defense attorneys comporting with the sound
6 practice of forensic science.
7 (6) Collect and analyze information related to the
8 impact of current laws, rules, policies, and practices on
9 forensic crime laboratories and the practice of forensic
10 science; evaluate the impact of those laws, rules,
11 policies, and practices on forensic crime laboratories and
12 the practice of forensic science; identify new policies
13 and approaches, together with changes in science, and
14 technology; and make recommendations for changes to those
15 laws, rules, policies, and practices that will yield
16 better results in the criminal justice system consistent
17 with the sound practice of forensic science.
18 (7) Perform such other studies or tasks pertaining to
19 forensic crime laboratories as may be requested by the
20 General Assembly by resolution or the Governor, and
21 perform such other functions as may be required by law or
22 as are necessary to carry out the purposes and goals of the
23 Commission prescribed in this Section.
24 (8) Ensure that adequate resources and facilities are
25 available for carrying out the changes proposed in
26 legislation, rules, or policies and that rational
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1 priorities are established for the use of those resources.
2 To do so, the Commission may prepare statements to the
3 Governor and General Assembly identifying the fiscal and
4 practical effects of proposed legislation, rules, or
5 policy changes. Such statements may include, but are not
6 limited to: the impact on present levels of staffing and
7 resources; a professional opinion on the practical value
8 of the change or changes; the increase or decrease the
9 number of crime laboratories; the increase or decrease the
10 cost of operating crime laboratories; the impact on
11 efficiencies and caseloads; other information, including
12 but not limited to, facts, data, research, and science
13 relevant to the legislation, rule, or policy; the direct
14 or indirect alteration in any process involving or used by
15 crime laboratories of such proposed legislation, rules, or
16 policy changes; an analysis of the impact, either directly
17 or indirectly, on the technology, improvements, or
18 practices of forensic analyses for use in criminal
19 proceedings; together with the direct or indirect impact
20 on headcount, space, equipment, instruments,
21 accreditation, the volume of cases for analysis,
22 scientific controls, and quality assurance.
23 (c) Members. The Commission shall be composed of the
24 Director of the Illinois State Police, or his or her designee,
25 together with the following members appointed for a term of 4
26 years by the Governor with the advice and consent of the
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1 Senate:
2 (1) One crime laboratory director or administrator
3 from each publicly funded forensic laboratory system.
4 (2) One member with experience in the admission of
5 forensic evidence in trials from a statewide association
6 representing prosecutors.
7 (3) One member with experience in the admission of
8 forensic evidence in trials from a statewide association
9 representing criminal defense attorneys.
10 (4) Three forensic scientists with bench work
11 background from various forensic disciplines (e.g., DNA,
12 chemistry, pattern evidence, etc.).
13 (5) One retired circuit court judge or associate
14 circuit court judge with criminal trial experience,
15 including experience in the admission of forensic evidence
16 in trials.
17 (6) One academic specializing in the field of forensic
18 sciences.
19 (7) One or more community representatives (e.g.,
20 victim advocates, innocence project organizations, sexual
21 assault examiners, etc.).
22 (8) One member who is a medical examiner or coroner.
23 The Governor shall designate one of the members of the
24 Commission to serve as the chair of the Commission. The
25 members of the Commission shall elect from their number such
26 other officers as they may determine. Members of the
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1 Commission shall serve without compensation, but may be
2 reimbursed for reasonable expenses incurred in the performance
3 of their duties from funds appropriated for that purpose.
4 (d) Subcommittees. The Commission may form subcommittees
5 to study specific issues identified under paragraph (3) of
6 subsection (b), including, but not limited to, subcommittees
7 on education and training, procurement, funding and hiring. Ad
8 hoc subcommittees may also be convened to address other
9 issues. Such subcommittees shall meet as needed to complete
10 their work, and shall report their findings back to the
11 Commission. Subcommittees shall include members of the
12 Commission, and may also include non-members such as forensic
13 science stakeholders and subject matter experts.
14 (e) Meetings. The Commission shall meet quarterly, at the
15 call of the chairperson. Facilities for meeting, whether
16 remotely or in person, shall be provided for the Commission by
17 the Illinois State Police.
18 (f) Reporting by publicly funded forensic laboratories.
19 All State and local publicly funded forensic laboratory
20 systems, including, but not limited to, the DuPage County
21 Forensic Science Center, the Northeastern Illinois Regional
22 Crime Laboratory, and the Illinois State Police, shall
23 annually provide to the Commission a report summarizing its
24 significant non-conformities with the efficient delivery of
25 forensic services and the sound practice of forensic science.
26 The report will identify: each significant non-conformity or
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1 deficient method; how the non-conformity or deficient method
2 was detected; the nature and extent of the non-conformity or
3 deficient method; all corrective actions implemented to
4 address the non-conformity or deficient method; and an
5 analysis of the effectiveness of the corrective actions taken.
6 (g) Definition. As used in this Section, "Commission"
7 means the Illinois Forensic Science Commission.
8 (Source: P.A. 102-523, eff. 8-20-21.)
9 Section 15. The Illinois State Police Act is amended by
10 changing Sections 16 and 20 as follows:
11 (20 ILCS 2610/16) (from Ch. 121, par. 307.16)
12 Sec. 16. State policemen shall enforce the provisions of
13 The Illinois Vehicle Code, approved September 29, 1969, as
14 amended, and Article 9 of the "Illinois Highway Code" as
15 amended; and shall patrol the public highways and rural
16 districts to make arrests for violations of the provisions of
17 such Acts. They are conservators of the peace and as such have
18 all powers possessed by policemen in cities, and sheriffs,
19 except that they may exercise such powers anywhere in this
20 State. The State policemen shall cooperate with the police of
21 cities, villages and incorporated towns, and with the police
22 officers of any county, in enforcing the laws of the State and
23 in making arrests and recovering property. They may be
24 equipped with standardized and tested devices for weighing
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1 motor vehicles and may stop and weigh, acting reasonably, or
2 cause to be weighed, any motor vehicle which appears to weigh
3 in excess of the weight permitted by law. It shall also be the
4 duty of the Illinois State Police to determine, whenever
5 possible, the person or persons or the causes responsible for
6 the breaking or destruction of any improved hard-surfaced
7 roadway; to arrest all persons criminally responsible for such
8 breaking or destruction and bring them before the proper
9 officer for trial. The Illinois State Police shall divide the
10 State into zones, troops, or regions Districts and assign each
11 zone, troop, or region district to one or more policemen. No
12 person employed under this Act, however, shall serve or
13 execute civil process, except for process issued under the
14 authority of the General Assembly, or a committee or
15 commission thereof vested with subpoena powers when the county
16 sheriff refuses or fails to serve such process, and except for
17 process allowed by statute or issued under the authority of
18 the Illinois Department of Revenue.
19 (Source: P.A. 102-538, eff. 8-20-21.)
20 (20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
21 Sec. 20. The Illinois State Police from time to time may
22 enter into contracts with The Illinois State Toll Highway
23 Authority, hereinafter called the Authority, with respect to
24 the policing of toll highways by the Illinois State Police.
25 Such contracts shall provide among other matters for the
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1 compensation or reimbursement of the Illinois State Police by
2 the Authority for the costs incurred by this State with
3 respect to such policing service, including, but not limited
4 to, the costs of: (1) compensation and training of the State
5 policemen and the clerical employees assigned to such policing
6 service; and (2) uniforms, equipment, and supplies, which
7 shall be Illinois State Police property, and housing used by
8 such personnel; and (3) reimbursement of such sums as the
9 State expends in connection with payments of claims for
10 injuries or illnesses suffered by such personnel in the line
11 of duty. Each such contract may provide for the methods of
12 ascertaining such costs, and shall be of such duration and may
13 contain such other appropriate terms as the Illinois State
14 Police and the Authority may agree upon. The Illinois State
15 Police is not obliged to furnish policing service on any
16 highway under the jurisdiction of the Authority except as
17 required by contract.
18 (Source: P.A. 102-538, eff. 8-20-21.)
19 Section 20. The Illinois State Police Radio Act is amended
20 by changing Section 10 as follows:
21 (20 ILCS 2615/10)
22 Sec. 10. Public safety radio interoperability. Upon their
23 establishment and thereafter, the Director of the Illinois
24 State Police, or his or her designee, shall serve as the
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1 chairman of the Illinois Statewide Interoperability Executive
2 Committee (SIEC) and as the chairman of the STARCOM21
3 Oversight Committee. The Director or his or her designee, as
4 chairman, may increase the size and makeup of the voting
5 membership of each committee when deemed necessary for
6 improved public safety radio interoperability, but the voting
7 membership of each committee must represent public safety
8 users (police, fire, or EMS) and must, at a minimum, include
9 the representatives specified in this Section.
10 The STARCOM21 Oversight Committee must comprise public
11 safety users accessing the system and shall include the
12 Statewide Interoperability Coordinator. The members of the
13 STARCOM21 Oversight Committee shall serve without compensation
14 and may, at the call of the Chair, meet in person or remotely.
15 The Illinois State Police shall provide administrative and
16 other support to the STARCOM21 Oversight Committee. The
17 STARCOM21 Oversight Committee shall:
18 (1) review existing statutory law and make
19 recommendations for legislative changes to ensure
20 efficient, effective, reliable, and sustainable radio
21 interoperability statewide;
22 (2) make recommendations concerning better integration
23 of the Integrated Public Alert and Warning System
24 statewide; and
25 (3) develop a plan to sustainably fund radio
26 infrastructure, radio equipment, and interoperability
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1 statewide.
2 The SIEC shall have at a minimum one representative from
3 each of the following: the Illinois Fire Chiefs Association,
4 the Rural Fire Protection Association, the Office of the State
5 Fire Marshal, the Illinois Association of Chiefs of Police,
6 the Illinois Sheriffs' Association, the Illinois State Police,
7 the Illinois Emergency Management Agency, the Department of
8 Public Health, and the Secretary of State Police (which
9 representative shall be the Director of the Secretary of State
10 Police or his or her designee).
11 (Source: P.A. 102-538, eff. 8-20-21.)
12 Section 25. The State Finance Act is amended by changing
13 Sections 6z-82, 6z-127, and 8.3 as follows:
14 (30 ILCS 105/6z-82)
15 Sec. 6z-82. State Police Operations Assistance Fund.
16 (a) There is created in the State treasury a special fund
17 known as the State Police Operations Assistance Fund. The Fund
18 shall receive revenue under the Criminal and Traffic
19 Assessment Act. The Fund may also receive revenue from grants,
20 donations, appropriations, and any other legal source.
21 (a-5) Notwithstanding any other provision of law to the
22 contrary, and in addition to any other transfers that may be
23 provided by law, on August 20, 2021 (the effective date of
24 Public Act 102-505), or as soon thereafter as practical, the
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1 State Comptroller shall direct and the State Treasurer shall
2 transfer the remaining balance from the Over Dimensional Load
3 Police Escort Fund into the State Police Operations Assistance
4 Fund. Upon completion of the transfer, the Over Dimensional
5 Load Police Escort Fund is dissolved, and any future deposits
6 due to that Fund and any outstanding obligations or
7 liabilities of that Fund shall pass to the State Police
8 Operations Assistance Fund.
9 This Fund may charge, collect, and receive fees or moneys
10 as described in Section 15-312 of the Illinois Vehicle Code,
11 and receive all fees received by the Illinois State Police
12 under that Section. The moneys shall be used by the Illinois
13 State Police for its expenses in providing police escorts and
14 commercial vehicle enforcement activities.
15 (b) The Illinois State Police may use moneys in the Fund to
16 finance any of its lawful purposes or functions.
17 (c) Expenditures may be made from the Fund only as
18 appropriated by the General Assembly by law.
19 (d) Investment income that is attributable to the
20 investment of moneys in the Fund shall be retained in the Fund
21 for the uses specified in this Section.
22 (e) The State Police Operations Assistance Fund shall not
23 be subject to administrative chargebacks.
24 (f) (Blank).
25 (g) Notwithstanding any other provision of State law to
26 the contrary, on or after July 1, 2021, in addition to any
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1 other transfers that may be provided for by law, at the
2 direction of and upon notification from the Director of the
3 Illinois State Police, the State Comptroller shall direct and
4 the State Treasurer shall transfer amounts not exceeding
5 $7,000,000 into the State Police Operations Assistance Fund
6 from the State Police Services Fund.
7 (h) Notwithstanding any other provision of law, in
8 addition to any other transfers that may be provided by law, on
9 the effective date of this amendatory Act of the 103rd General
10 Assembly, or as soon thereafter as practical, the State
11 Comptroller shall direct and the State Treasurer shall
12 transfer the remaining balance from the State Police
13 Streetgang-Related Crime Fund to the State Police Operations
14 Assistance Fund. Upon completion of the transfers, the State
15 Police Streetgang-Related Crime Fund is dissolved, and any
16 future deposits into the State Police Streetgang-Related Crime
17 Fund and any outstanding obligations or liabilities of the
18 State Police Streetgang-Related Crime Fund pass to the State
19 Police Operations Assistance Fund.
20 (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
21 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
22 (30 ILCS 105/6z-127)
23 Sec. 6z-127. State Police Revocation Enforcement Fund.
24 (a) The State Police Revocation Enforcement Fund is
25 established as a special fund in the State treasury. This Fund
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1 is established to receive moneys from the Firearm Owners
2 Identification Card Act to enforce that Act, the Firearm
3 Concealed Carry Act, Article 24 of the Criminal Code of 2012,
4 and other firearm offenses. The Fund may also receive revenue
5 from grants, donations, appropriations, and any other legal
6 source.
7 (b) The Illinois State Police may use moneys from the Fund
8 to establish task forces and, if necessary, include other law
9 enforcement agencies, under intergovernmental contracts
10 written and executed in conformity with the Intergovernmental
11 Cooperation Act.
12 (c) The Illinois State Police may use moneys in the Fund to
13 hire and train State Police officers and for the prevention of
14 violent crime.
15 (d) The State Police Revocation Enforcement Fund is not
16 subject to administrative chargebacks.
17 (e) Law enforcement agencies that participate in Firearm
18 Owner's Identification Card revocation enforcement in the
19 Violent Crime Intelligence Task Force may apply for grants
20 from the Illinois State Police.
21 (f) Any surplus in the Fund beyond what is necessary to
22 ensure compliance with subsections (a) through (e) or moneys
23 that are specifically appropriated for those purposes shall be
24 used by the Illinois State Police to award grants to assist
25 with the data reporting requirements of the Gun Trafficking
26 Information Act.
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1 (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
2 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
3 Sec. 8.3. Money in the Road Fund shall, if and when the
4 State of Illinois incurs any bonded indebtedness for the
5 construction of permanent highways, be set aside and used for
6 the purpose of paying and discharging annually the principal
7 and interest on that bonded indebtedness then due and payable,
8 and for no other purpose. The surplus, if any, in the Road Fund
9 after the payment of principal and interest on that bonded
10 indebtedness then annually due shall be used as follows:
11 first -- to pay the cost of administration of Chapters
12 2 through 10 of the Illinois Vehicle Code, except the cost
13 of administration of Articles I and II of Chapter 3 of that
14 Code, and to pay the costs of the Executive Ethics
15 Commission for oversight and administration of the Chief
16 Procurement Officer appointed under paragraph (2) of
17 subsection (a) of Section 10-20 of the Illinois
18 Procurement Code for transportation; and
19 secondly -- for expenses of the Department of
20 Transportation for construction, reconstruction,
21 improvement, repair, maintenance, operation, and
22 administration of highways in accordance with the
23 provisions of laws relating thereto, or for any purpose
24 related or incident to and connected therewith, including
25 the separation of grades of those highways with railroads
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1 and with highways and including the payment of awards made
2 by the Illinois Workers' Compensation Commission under the
3 terms of the Workers' Compensation Act or Workers'
4 Occupational Diseases Act for injury or death of an
5 employee of the Division of Highways in the Department of
6 Transportation; or for the acquisition of land and the
7 erection of buildings for highway purposes, including the
8 acquisition of highway right-of-way or for investigations
9 to determine the reasonably anticipated future highway
10 needs; or for making of surveys, plans, specifications and
11 estimates for and in the construction and maintenance of
12 flight strips and of highways necessary to provide access
13 to military and naval reservations, to defense industries
14 and defense-industry sites, and to the sources of raw
15 materials and for replacing existing highways and highway
16 connections shut off from general public use at military
17 and naval reservations and defense-industry sites, or for
18 the purchase of right-of-way, except that the State shall
19 be reimbursed in full for any expense incurred in building
20 the flight strips; or for the operating and maintaining of
21 highway garages; or for patrolling and policing the public
22 highways and conserving the peace; or for the operating
23 expenses of the Department relating to the administration
24 of public transportation programs; or, during fiscal year
25 2022, for the purposes of a grant not to exceed $8,394,800
26 to the Regional Transportation Authority on behalf of PACE
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1 for the purpose of ADA/Para-transit expenses; or, during
2 fiscal year 2023, for the purposes of a grant not to exceed
3 $8,394,800 to the Regional Transportation Authority on
4 behalf of PACE for the purpose of ADA/Para-transit
5 expenses; or for any of those purposes or any other
6 purpose that may be provided by law.
7 Appropriations for any of those purposes are payable from
8 the Road Fund. Appropriations may also be made from the Road
9 Fund for the administrative expenses of any State agency that
10 are related to motor vehicles or arise from the use of motor
11 vehicles.
12 Beginning with fiscal year 1980 and thereafter, no Road
13 Fund monies shall be appropriated to the following Departments
14 or agencies of State government for administration, grants, or
15 operations; but this limitation is not a restriction upon
16 appropriating for those purposes any Road Fund monies that are
17 eligible for federal reimbursement:
18 1. Department of Public Health;
19 2. Department of Transportation, only with respect to
20 subsidies for one-half fare Student Transportation and
21 Reduced Fare for Elderly, except fiscal year 2022 when no
22 more than $17,570,000 may be expended and except fiscal
23 year 2023 when no more than $17,570,000 may be expended;
24 3. Department of Central Management Services, except
25 for expenditures incurred for group insurance premiums of
26 appropriate personnel;
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1 4. Judicial Systems and Agencies.
2 Beginning with fiscal year 1981 and thereafter, no Road
3 Fund monies shall be appropriated to the following Departments
4 or agencies of State government for administration, grants, or
5 operations; but this limitation is not a restriction upon
6 appropriating for those purposes any Road Fund monies that are
7 eligible for federal reimbursement:
8 1. Illinois State Police, except for expenditures with
9 respect to the Division of Patrol Operations and Division
10 of Criminal Investigation;
11 2. Department of Transportation, only with respect to
12 Intercity Rail Subsidies, except fiscal year 2022 when no
13 more than $50,000,000 may be expended and except fiscal
14 year 2023 when no more than $55,000,000 may be expended,
15 and Rail Freight Services.
16 Beginning with fiscal year 1982 and thereafter, no Road
17 Fund monies shall be appropriated to the following Departments
18 or agencies of State government for administration, grants, or
19 operations; but this limitation is not a restriction upon
20 appropriating for those purposes any Road Fund monies that are
21 eligible for federal reimbursement: Department of Central
22 Management Services, except for awards made by the Illinois
23 Workers' Compensation Commission under the terms of the
24 Workers' Compensation Act or Workers' Occupational Diseases
25 Act for injury or death of an employee of the Division of
26 Highways in the Department of Transportation.
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1 Beginning with fiscal year 1984 and thereafter, no Road
2 Fund monies shall be appropriated to the following Departments
3 or agencies of State government for administration, grants, or
4 operations; but this limitation is not a restriction upon
5 appropriating for those purposes any Road Fund monies that are
6 eligible for federal reimbursement:
7 1. Illinois State Police, except not more than 40% of
8 the funds appropriated for the Division of Patrol
9 Operations and Division of Criminal Investigation;
10 2. State Officers.
11 Beginning with fiscal year 1984 and thereafter, no Road
12 Fund monies shall be appropriated to any Department or agency
13 of State government for administration, grants, or operations
14 except as provided hereafter; but this limitation is not a
15 restriction upon appropriating for those purposes any Road
16 Fund monies that are eligible for federal reimbursement. It
17 shall not be lawful to circumvent the above appropriation
18 limitations by governmental reorganization or other methods.
19 Appropriations shall be made from the Road Fund only in
20 accordance with the provisions of this Section.
21 Money in the Road Fund shall, if and when the State of
22 Illinois incurs any bonded indebtedness for the construction
23 of permanent highways, be set aside and used for the purpose of
24 paying and discharging during each fiscal year the principal
25 and interest on that bonded indebtedness as it becomes due and
26 payable as provided in the Transportation Bond Act, and for no
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1 other purpose. The surplus, if any, in the Road Fund after the
2 payment of principal and interest on that bonded indebtedness
3 then annually due shall be used as follows:
4 first -- to pay the cost of administration of Chapters
5 2 through 10 of the Illinois Vehicle Code; and
6 secondly -- no Road Fund monies derived from fees,
7 excises, or license taxes relating to registration,
8 operation and use of vehicles on public highways or to
9 fuels used for the propulsion of those vehicles, shall be
10 appropriated or expended other than for costs of
11 administering the laws imposing those fees, excises, and
12 license taxes, statutory refunds and adjustments allowed
13 thereunder, administrative costs of the Department of
14 Transportation, including, but not limited to, the
15 operating expenses of the Department relating to the
16 administration of public transportation programs, payment
17 of debts and liabilities incurred in construction and
18 reconstruction of public highways and bridges, acquisition
19 of rights-of-way for and the cost of construction,
20 reconstruction, maintenance, repair, and operation of
21 public highways and bridges under the direction and
22 supervision of the State, political subdivision, or
23 municipality collecting those monies, or during fiscal
24 year 2022 for the purposes of a grant not to exceed
25 $8,394,800 to the Regional Transportation Authority on
26 behalf of PACE for the purpose of ADA/Para-transit
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1 expenses, or during fiscal year 2023 for the purposes of a
2 grant not to exceed $8,394,800 to the Regional
3 Transportation Authority on behalf of PACE for the purpose
4 of ADA/Para-transit expenses, and the costs for patrolling
5 and policing the public highways (by the State, political
6 subdivision, or municipality collecting that money) for
7 enforcement of traffic laws. The separation of grades of
8 such highways with railroads and costs associated with
9 protection of at-grade highway and railroad crossing shall
10 also be permissible.
11 Appropriations for any of such purposes are payable from
12 the Road Fund or the Grade Crossing Protection Fund as
13 provided in Section 8 of the Motor Fuel Tax Law.
14 Except as provided in this paragraph, beginning with
15 fiscal year 1991 and thereafter, no Road Fund monies shall be
16 appropriated to the Illinois State Police for the purposes of
17 this Section in excess of its total fiscal year 1990 Road Fund
18 appropriations for those purposes unless otherwise provided in
19 Section 5g of this Act. For fiscal years 2003, 2004, 2005,
20 2006, and 2007 only, no Road Fund monies shall be appropriated
21 to the Department of State Police for the purposes of this
22 Section in excess of $97,310,000. For fiscal year 2008 only,
23 no Road Fund monies shall be appropriated to the Department of
24 State Police for the purposes of this Section in excess of
25 $106,100,000. For fiscal year 2009 only, no Road Fund monies
26 shall be appropriated to the Department of State Police for
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1 the purposes of this Section in excess of $114,700,000.
2 Beginning in fiscal year 2010, no road fund moneys shall be
3 appropriated to the Illinois State Police. It shall not be
4 lawful to circumvent this limitation on appropriations by
5 governmental reorganization or other methods unless otherwise
6 provided in Section 5g of this Act.
7 In fiscal year 1994, no Road Fund monies shall be
8 appropriated to the Secretary of State for the purposes of
9 this Section in excess of the total fiscal year 1991 Road Fund
10 appropriations to the Secretary of State for those purposes,
11 plus $9,800,000. It shall not be lawful to circumvent this
12 limitation on appropriations by governmental reorganization or
13 other method.
14 Beginning with fiscal year 1995 and thereafter, no Road
15 Fund monies shall be appropriated to the Secretary of State
16 for the purposes of this Section in excess of the total fiscal
17 year 1994 Road Fund appropriations to the Secretary of State
18 for those purposes. It shall not be lawful to circumvent this
19 limitation on appropriations by governmental reorganization or
20 other methods.
21 Beginning with fiscal year 2000, total Road Fund
22 appropriations to the Secretary of State for the purposes of
23 this Section shall not exceed the amounts specified for the
24 following fiscal years:
25 Fiscal Year 2000$80,500,000;26 Fiscal Year 2001$80,500,000; 25 Fiscal Year 2000 $80,500,000; 26 Fiscal Year 2001 $80,500,000;
25 Fiscal Year 2000 $80,500,000;
26 Fiscal Year 2001 $80,500,000;
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25 Fiscal Year 2000 $80,500,000;
26 Fiscal Year 2001 $80,500,000;
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1 Fiscal Year 2002$80,500,000;2 Fiscal Year 2003$130,500,000;3 Fiscal Year 2004$130,500,000;4 Fiscal Year 2005$130,500,000; 5 Fiscal Year 2006 $130,500,000; 6 Fiscal Year 2007 $130,500,000; 7 Fiscal Year 2008$130,500,000; 8 Fiscal Year 2009 $130,500,000. 1 Fiscal Year 2002 $80,500,000; 2 Fiscal Year 2003 $130,500,000; 3 Fiscal Year 2004 $130,500,000; 4 Fiscal Year 2005 $130,500,000; 5 Fiscal Year 2006 $130,500,000; 6 Fiscal Year 2007 $130,500,000; 7 Fiscal Year 2008 $130,500,000; 8 Fiscal Year 2009 $130,500,000.
1 Fiscal Year 2002 $80,500,000;
2 Fiscal Year 2003 $130,500,000;
3 Fiscal Year 2004 $130,500,000;
4 Fiscal Year 2005 $130,500,000;
5 Fiscal Year 2006 $130,500,000;
6 Fiscal Year 2007 $130,500,000;
7 Fiscal Year 2008 $130,500,000;
8 Fiscal Year 2009 $130,500,000.
9 For fiscal year 2010, no road fund moneys shall be
10 appropriated to the Secretary of State.
11 Beginning in fiscal year 2011, moneys in the Road Fund
12 shall be appropriated to the Secretary of State for the
13 exclusive purpose of paying refunds due to overpayment of fees
14 related to Chapter 3 of the Illinois Vehicle Code unless
15 otherwise provided for by law.
16 It shall not be lawful to circumvent this limitation on
17 appropriations by governmental reorganization or other
18 methods.
19 No new program may be initiated in fiscal year 1991 and
20 thereafter that is not consistent with the limitations imposed
21 by this Section for fiscal year 1984 and thereafter, insofar
22 as appropriation of Road Fund monies is concerned.
23 Nothing in this Section prohibits transfers from the Road
24 Fund to the State Construction Account Fund under Section 5e
25 of this Act; nor to the General Revenue Fund, as authorized by
26 Public Act 93-25.
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1 Fiscal Year 2002 $80,500,000;
2 Fiscal Year 2003 $130,500,000;
3 Fiscal Year 2004 $130,500,000;
4 Fiscal Year 2005 $130,500,000;
5 Fiscal Year 2006 $130,500,000;
6 Fiscal Year 2007 $130,500,000;
7 Fiscal Year 2008 $130,500,000;
8 Fiscal Year 2009 $130,500,000.
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1 The additional amounts authorized for expenditure in this
2 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
3 shall be repaid to the Road Fund from the General Revenue Fund
4 in the next succeeding fiscal year that the General Revenue
5 Fund has a positive budgetary balance, as determined by
6 generally accepted accounting principles applicable to
7 government.
8 The additional amounts authorized for expenditure by the
9 Secretary of State and the Department of State Police in this
10 Section by Public Act 94-91 shall be repaid to the Road Fund
11 from the General Revenue Fund in the next succeeding fiscal
12 year that the General Revenue Fund has a positive budgetary
13 balance, as determined by generally accepted accounting
14 principles applicable to government.
15 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
16 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff.
17 4-19-22; 102-813, eff. 5-13-22.)
18 (30 ILCS 105/5.783 rep.)
19 (30 ILCS 105/8p rep.)
20 Section 30. The State Finance Act is amended by repealing
21 Sections 5.783 and 8p.
22 Section 31. The Intergovernmental Drug Laws Enforcement
23 Act is amended by changing Section 3 as follows:
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1 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
2 Sec. 3. A Metropolitan Enforcement Group which meets the
3 minimum criteria established in this Section is eligible to
4 receive State grants to help defray the costs of operation. To
5 be eligible a MEG must:
6 (1) Be established and operating pursuant to
7 intergovernmental contracts written and executed in
8 conformity with the Intergovernmental Cooperation Act, and
9 involve 2 or more units of local government.
10 (2) Establish a MEG Policy Board composed of an
11 elected official, or his designee, and the chief law
12 enforcement officer, or his designee, from each
13 participating unit of local government to oversee the
14 operations of the MEG and make such reports to the
15 Illinois State Police as the Illinois State Police may
16 require.
17 (3) Designate a single appropriate elected official of
18 a participating unit of local government to act as the
19 financial officer of the MEG for all participating units
20 of local government and to receive funds for the operation
21 of the MEG.
22 (4) Limit its operations to enforcement of drug laws;
23 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
24 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
25 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
26 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
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1 of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm
2 Owners Identification Card Act; and the investigation of
3 streetgang related offenses.
4 (5) Cooperate with the Illinois State Police in order
5 to assure compliance with this Act and to enable the
6 Illinois State Police to fulfill its duties under this
7 Act, and supply the Illinois State Police with all
8 information the Illinois State Police deems necessary
9 therefor.
10 (6) Receive funding of at least 50% of the total
11 operating budget of the MEG from the participating units
12 of local government.
13 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
14 102-813, eff. 5-13-22.)
15 Section 35. The School Code is amended by changing Section
16 10-27.1A as follows:
17 (105 ILCS 5/10-27.1A)
18 Sec. 10-27.1A. Firearms in schools.
19 (a) All school officials, including teachers, school
20 counselors, and support staff, shall immediately notify the
21 office of the principal in the event that they observe any
22 person in possession of a firearm on school grounds; provided
23 that taking such immediate action to notify the office of the
24 principal would not immediately endanger the health, safety,
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1 or welfare of students who are under the direct supervision of
2 the school official or the school official. If the health,
3 safety, or welfare of students under the direct supervision of
4 the school official or of the school official is immediately
5 endangered, the school official shall notify the office of the
6 principal as soon as the students under his or her supervision
7 and he or she are no longer under immediate danger. A report is
8 not required by this Section when the school official knows
9 that the person in possession of the firearm is a law
10 enforcement official engaged in the conduct of his or her
11 official duties. Any school official acting in good faith who
12 makes such a report under this Section shall have immunity
13 from any civil or criminal liability that might otherwise be
14 incurred as a result of making the report. The identity of the
15 school official making such report shall not be disclosed
16 except as expressly and specifically authorized by law.
17 Knowingly and willfully failing to comply with this Section is
18 a petty offense. A second or subsequent offense is a Class C
19 misdemeanor.
20 (b) Upon receiving a report from any school official
21 pursuant to this Section, or from any other person, the
22 principal or his or her designee shall immediately notify a
23 local law enforcement agency. If the person found to be in
24 possession of a firearm on school grounds is a student, the
25 principal or his or her designee shall also immediately notify
26 that student's parent or guardian. Any principal or his or her
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1 designee acting in good faith who makes such reports under
2 this Section shall have immunity from any civil or criminal
3 liability that might otherwise be incurred or imposed as a
4 result of making the reports. Knowingly and willfully failing
5 to comply with this Section is a petty offense. A second or
6 subsequent offense is a Class C misdemeanor. If the person
7 found to be in possession of the firearm on school grounds is a
8 minor, the law enforcement agency shall detain that minor
9 until such time as the agency makes a determination pursuant
10 to clause (a) of subsection (1) of Section 5-401 of the
11 Juvenile Court Act of 1987, as to whether the agency
12 reasonably believes that the minor is delinquent. If the law
13 enforcement agency determines that probable cause exists to
14 believe that the minor committed a violation of item (4) of
15 subsection (a) of Section 24-1 of the Criminal Code of 2012
16 while on school grounds, the agency shall detain the minor for
17 processing pursuant to Section 5-407 of the Juvenile Court Act
18 of 1987.
19 (c) Upon On or after January 1, 1997, upon receipt of any
20 written, electronic, or verbal report from any school
21 personnel regarding a verified incident involving a firearm in
22 a school or on school owned or leased property, including any
23 conveyance owned, leased, or used by the school for the
24 transport of students or school personnel, the superintendent
25 or his or her designee shall report all such firearm-related
26 incidents occurring in a school or on school property to the
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1 local law enforcement authorities immediately, who shall
2 report and to the Illinois State Police in a form, manner, and
3 frequency as prescribed by the Illinois State Police.
4 The State Board of Education shall receive an annual
5 statistical compilation and related data associated with
6 incidents involving firearms in schools from the Illinois
7 State Police. The State Board of Education shall compile this
8 information by school district and make it available to the
9 public.
10 (d) As used in this Section, the term "firearm" shall have
11 the meaning ascribed to it in Section 1.1 of the Firearm Owners
12 Identification Card Act.
13 As used in this Section, the term "school" means any
14 public or private elementary or secondary school.
15 As used in this Section, the term "school grounds"
16 includes the real property comprising any school, any
17 conveyance owned, leased, or contracted by a school to
18 transport students to or from school or a school-related
19 activity, or any public way within 1,000 feet of the real
20 property comprising any school.
21 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
22 102-813, eff. 5-13-22.)
23 Section 40. The Illinois Pension Code is amended by
24 changing Section 14-110 as follows:
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1 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
2 (Text of Section from P.A. 102-813)
3 Sec. 14-110. Alternative retirement annuity.
4 (a) Any member who has withdrawn from service with not
5 less than 20 years of eligible creditable service and has
6 attained age 55, and any member who has withdrawn from service
7 with not less than 25 years of eligible creditable service and
8 has attained age 50, regardless of whether the attainment of
9 either of the specified ages occurs while the member is still
10 in service, shall be entitled to receive at the option of the
11 member, in lieu of the regular or minimum retirement annuity,
12 a retirement annuity computed as follows:
13 (i) for periods of service as a noncovered employee:
14 if retirement occurs on or after January 1, 2001, 3% of
15 final average compensation for each year of creditable
16 service; if retirement occurs before January 1, 2001, 2
17 1/4% of final average compensation for each of the first
18 10 years of creditable service, 2 1/2% for each year above
19 10 years to and including 20 years of creditable service,
20 and 2 3/4% for each year of creditable service above 20
21 years; and
22 (ii) for periods of eligible creditable service as a
23 covered employee: if retirement occurs on or after January
24 1, 2001, 2.5% of final average compensation for each year
25 of creditable service; if retirement occurs before January
26 1, 2001, 1.67% of final average compensation for each of
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1 the first 10 years of such service, 1.90% for each of the
2 next 10 years of such service, 2.10% for each year of such
3 service in excess of 20 but not exceeding 30, and 2.30% for
4 each year in excess of 30.
5 Such annuity shall be subject to a maximum of 75% of final
6 average compensation if retirement occurs before January 1,
7 2001 or to a maximum of 80% of final average compensation if
8 retirement occurs on or after January 1, 2001.
9 These rates shall not be applicable to any service
10 performed by a member as a covered employee which is not
11 eligible creditable service. Service as a covered employee
12 which is not eligible creditable service shall be subject to
13 the rates and provisions of Section 14-108.
14 (b) For the purpose of this Section, "eligible creditable
15 service" means creditable service resulting from service in
16 one or more of the following positions:
17 (1) State policeman;
18 (2) fire fighter in the fire protection service of a
19 department;
20 (3) air pilot;
21 (4) special agent;
22 (5) investigator for the Secretary of State;
23 (6) conservation police officer;
24 (7) investigator for the Department of Revenue or the
25 Illinois Gaming Board;
26 (8) security employee of the Department of Human
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1 Services;
2 (9) Central Management Services security police
3 officer;
4 (10) security employee of the Department of
5 Corrections or the Department of Juvenile Justice;
6 (11) dangerous drugs investigator;
7 (12) investigator for the Illinois State Police;
8 (13) investigator for the Office of the Attorney
9 General;
10 (14) controlled substance inspector;
11 (15) investigator for the Office of the State's
12 Attorneys Appellate Prosecutor;
13 (16) Commerce Commission police officer;
14 (17) arson investigator;
15 (18) State highway maintenance worker;
16 (19) security employee of the Department of Innovation
17 and Technology; or
18 (20) transferred employee.
19 A person employed in one of the positions specified in
20 this subsection is entitled to eligible creditable service for
21 service credit earned under this Article while undergoing the
22 basic police training course approved by the Illinois Law
23 Enforcement Training Standards Board, if completion of that
24 training is required of persons serving in that position. For
25 the purposes of this Code, service during the required basic
26 police training course shall be deemed performance of the
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1 duties of the specified position, even though the person is
2 not a sworn peace officer at the time of the training.
3 A person under paragraph (20) is entitled to eligible
4 creditable service for service credit earned under this
5 Article on and after his or her transfer by Executive Order No.
6 2003-10, Executive Order No. 2004-2, or Executive Order No.
7 2016-1.
8 (c) For the purposes of this Section:
9 (1) The term "State policeman" includes any title or
10 position in the Illinois State Police that is held by an
11 individual employed under the Illinois State Police Act.
12 (2) The term "fire fighter in the fire protection
13 service of a department" includes all officers in such
14 fire protection service including fire chiefs and
15 assistant fire chiefs.
16 (3) The term "air pilot" includes any employee whose
17 official job description on file in the Department of
18 Central Management Services, or in the department by which
19 he is employed if that department is not covered by the
20 Personnel Code, states that his principal duty is the
21 operation of aircraft, and who possesses a pilot's
22 license; however, the change in this definition made by
23 Public Act 83-842 shall not operate to exclude any
24 noncovered employee who was an "air pilot" for the
25 purposes of this Section on January 1, 1984.
26 (4) The term "special agent" means any person who by
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1 reason of employment by the Division of Narcotic Control,
2 the Bureau of Investigation or, after July 1, 1977, the
3 Division of Criminal Investigation, the Division of
4 Internal Investigation, the Division of Operations, the
5 Division of Patrol Operations, or any other Division or
6 organizational entity in the Illinois State Police is
7 vested by law with duties to maintain public order,
8 investigate violations of the criminal law of this State,
9 enforce the laws of this State, make arrests and recover
10 property. The term "special agent" includes any title or
11 position in the Illinois State Police that is held by an
12 individual employed under the Illinois State Police Act.
13 (5) The term "investigator for the Secretary of State"
14 means any person employed by the Office of the Secretary
15 of State and vested with such investigative duties as
16 render him ineligible for coverage under the Social
17 Security Act by reason of Sections 218(d)(5)(A),
18 218(d)(8)(D) and 218(l)(1) of that Act.
19 A person who became employed as an investigator for
20 the Secretary of State between January 1, 1967 and
21 December 31, 1975, and who has served as such until
22 attainment of age 60, either continuously or with a single
23 break in service of not more than 3 years duration, which
24 break terminated before January 1, 1976, shall be entitled
25 to have his retirement annuity calculated in accordance
26 with subsection (a), notwithstanding that he has less than
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1 20 years of credit for such service.
2 (6) The term "Conservation Police Officer" means any
3 person employed by the Division of Law Enforcement of the
4 Department of Natural Resources and vested with such law
5 enforcement duties as render him ineligible for coverage
6 under the Social Security Act by reason of Sections
7 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
8 term "Conservation Police Officer" includes the positions
9 of Chief Conservation Police Administrator and Assistant
10 Conservation Police Administrator.
11 (7) The term "investigator for the Department of
12 Revenue" means any person employed by the Department of
13 Revenue and vested with such investigative duties as
14 render him ineligible for coverage under the Social
15 Security Act by reason of Sections 218(d)(5)(A),
16 218(d)(8)(D) and 218(l)(1) of that Act.
17 The term "investigator for the Illinois Gaming Board"
18 means any person employed as such by the Illinois Gaming
19 Board and vested with such peace officer duties as render
20 the person ineligible for coverage under the Social
21 Security Act by reason of Sections 218(d)(5)(A),
22 218(d)(8)(D), and 218(l)(1) of that Act.
23 (8) The term "security employee of the Department of
24 Human Services" means any person employed by the
25 Department of Human Services who (i) is employed at the
26 Chester Mental Health Center and has daily contact with
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1 the residents thereof, (ii) is employed within a security
2 unit at a facility operated by the Department and has
3 daily contact with the residents of the security unit,
4 (iii) is employed at a facility operated by the Department
5 that includes a security unit and is regularly scheduled
6 to work at least 50% of his or her working hours within
7 that security unit, or (iv) is a mental health police
8 officer. "Mental health police officer" means any person
9 employed by the Department of Human Services in a position
10 pertaining to the Department's mental health and
11 developmental disabilities functions who is vested with
12 such law enforcement duties as render the person
13 ineligible for coverage under the Social Security Act by
14 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
15 218(l)(1) of that Act. "Security unit" means that portion
16 of a facility that is devoted to the care, containment,
17 and treatment of persons committed to the Department of
18 Human Services as sexually violent persons, persons unfit
19 to stand trial, or persons not guilty by reason of
20 insanity. With respect to past employment, references to
21 the Department of Human Services include its predecessor,
22 the Department of Mental Health and Developmental
23 Disabilities.
24 The changes made to this subdivision (c)(8) by Public
25 Act 92-14 apply to persons who retire on or after January
26 1, 2001, notwithstanding Section 1-103.1.
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1 (9) "Central Management Services security police
2 officer" means any person employed by the Department of
3 Central Management Services who is vested with such law
4 enforcement duties as render him ineligible for coverage
5 under the Social Security Act by reason of Sections
6 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
7 (10) For a member who first became an employee under
8 this Article before July 1, 2005, the term "security
9 employee of the Department of Corrections or the
10 Department of Juvenile Justice" means any employee of the
11 Department of Corrections or the Department of Juvenile
12 Justice or the former Department of Personnel, and any
13 member or employee of the Prisoner Review Board, who has
14 daily contact with inmates or youth by working within a
15 correctional facility or Juvenile facility operated by the
16 Department of Juvenile Justice or who is a parole officer
17 or an employee who has direct contact with committed
18 persons in the performance of his or her job duties. For a
19 member who first becomes an employee under this Article on
20 or after July 1, 2005, the term means an employee of the
21 Department of Corrections or the Department of Juvenile
22 Justice who is any of the following: (i) officially
23 headquartered at a correctional facility or Juvenile
24 facility operated by the Department of Juvenile Justice,
25 (ii) a parole officer, (iii) a member of the apprehension
26 unit, (iv) a member of the intelligence unit, (v) a member
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1 of the sort team, or (vi) an investigator.
2 (11) The term "dangerous drugs investigator" means any
3 person who is employed as such by the Department of Human
4 Services.
5 (12) The term "investigator for the Illinois State
6 Police" means a person employed by the Illinois State
7 Police who is vested under Section 4 of the Narcotic
8 Control Division Abolition Act with such law enforcement
9 powers as render him ineligible for coverage under the
10 Social Security Act by reason of Sections 218(d)(5)(A),
11 218(d)(8)(D) and 218(l)(1) of that Act.
12 (13) "Investigator for the Office of the Attorney
13 General" means any person who is employed as such by the
14 Office of the Attorney General and is vested with such
15 investigative duties as render him ineligible for coverage
16 under the Social Security Act by reason of Sections
17 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
18 the period before January 1, 1989, the term includes all
19 persons who were employed as investigators by the Office
20 of the Attorney General, without regard to social security
21 status.
22 (14) "Controlled substance inspector" means any person
23 who is employed as such by the Department of Professional
24 Regulation and is vested with such law enforcement duties
25 as render him ineligible for coverage under the Social
26 Security Act by reason of Sections 218(d)(5)(A),
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1 218(d)(8)(D) and 218(l)(1) of that Act. The term
2 "controlled substance inspector" includes the Program
3 Executive of Enforcement and the Assistant Program
4 Executive of Enforcement.
5 (15) The term "investigator for the Office of the
6 State's Attorneys Appellate Prosecutor" means a person
7 employed in that capacity on a full-time basis under the
8 authority of Section 7.06 of the State's Attorneys
9 Appellate Prosecutor's Act.
10 (16) "Commerce Commission police officer" means any
11 person employed by the Illinois Commerce Commission who is
12 vested with such law enforcement duties as render him
13 ineligible for coverage under the Social Security Act by
14 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
15 218(l)(1) of that Act.
16 (17) "Arson investigator" means any person who is
17 employed as such by the Office of the State Fire Marshal
18 and is vested with such law enforcement duties as render
19 the person ineligible for coverage under the Social
20 Security Act by reason of Sections 218(d)(5)(A),
21 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
22 employed as an arson investigator on January 1, 1995 and
23 is no longer in service but not yet receiving a retirement
24 annuity may convert his or her creditable service for
25 employment as an arson investigator into eligible
26 creditable service by paying to the System the difference
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1 between the employee contributions actually paid for that
2 service and the amounts that would have been contributed
3 if the applicant were contributing at the rate applicable
4 to persons with the same social security status earning
5 eligible creditable service on the date of application.
6 (18) The term "State highway maintenance worker" means
7 a person who is either of the following:
8 (i) A person employed on a full-time basis by the
9 Illinois Department of Transportation in the position
10 of highway maintainer, highway maintenance lead
11 worker, highway maintenance lead/lead worker, heavy
12 construction equipment operator, power shovel
13 operator, or bridge mechanic; and whose principal
14 responsibility is to perform, on the roadway, the
15 actual maintenance necessary to keep the highways that
16 form a part of the State highway system in serviceable
17 condition for vehicular traffic.
18 (ii) A person employed on a full-time basis by the
19 Illinois State Toll Highway Authority in the position
20 of equipment operator/laborer H-4, equipment
21 operator/laborer H-6, welder H-4, welder H-6,
22 mechanical/electrical H-4, mechanical/electrical H-6,
23 water/sewer H-4, water/sewer H-6, sign maker/hanger
24 H-4, sign maker/hanger H-6, roadway lighting H-4,
25 roadway lighting H-6, structural H-4, structural H-6,
26 painter H-4, or painter H-6; and whose principal
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1 responsibility is to perform, on the roadway, the
2 actual maintenance necessary to keep the Authority's
3 tollways in serviceable condition for vehicular
4 traffic.
5 (19) The term "security employee of the Department of
6 Innovation and Technology" means a person who was a
7 security employee of the Department of Corrections or the
8 Department of Juvenile Justice, was transferred to the
9 Department of Innovation and Technology pursuant to
10 Executive Order 2016-01, and continues to perform similar
11 job functions under that Department.
12 (20) "Transferred employee" means an employee who was
13 transferred to the Department of Central Management
14 Services by Executive Order No. 2003-10 or Executive Order
15 No. 2004-2 or transferred to the Department of Innovation
16 and Technology by Executive Order No. 2016-1, or both, and
17 was entitled to eligible creditable service for services
18 immediately preceding the transfer.
19 (d) A security employee of the Department of Corrections
20 or the Department of Juvenile Justice, a security employee of
21 the Department of Human Services who is not a mental health
22 police officer, and a security employee of the Department of
23 Innovation and Technology shall not be eligible for the
24 alternative retirement annuity provided by this Section unless
25 he or she meets the following minimum age and service
26 requirements at the time of retirement:
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1 (i) 25 years of eligible creditable service and age
2 55; or
3 (ii) beginning January 1, 1987, 25 years of eligible
4 creditable service and age 54, or 24 years of eligible
5 creditable service and age 55; or
6 (iii) beginning January 1, 1988, 25 years of eligible
7 creditable service and age 53, or 23 years of eligible
8 creditable service and age 55; or
9 (iv) beginning January 1, 1989, 25 years of eligible
10 creditable service and age 52, or 22 years of eligible
11 creditable service and age 55; or
12 (v) beginning January 1, 1990, 25 years of eligible
13 creditable service and age 51, or 21 years of eligible
14 creditable service and age 55; or
15 (vi) beginning January 1, 1991, 25 years of eligible
16 creditable service and age 50, or 20 years of eligible
17 creditable service and age 55.
18 Persons who have service credit under Article 16 of this
19 Code for service as a security employee of the Department of
20 Corrections or the Department of Juvenile Justice, or the
21 Department of Human Services in a position requiring
22 certification as a teacher may count such service toward
23 establishing their eligibility under the service requirements
24 of this Section; but such service may be used only for
25 establishing such eligibility, and not for the purpose of
26 increasing or calculating any benefit.
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1 (e) If a member enters military service while working in a
2 position in which eligible creditable service may be earned,
3 and returns to State service in the same or another such
4 position, and fulfills in all other respects the conditions
5 prescribed in this Article for credit for military service,
6 such military service shall be credited as eligible creditable
7 service for the purposes of the retirement annuity prescribed
8 in this Section.
9 (f) For purposes of calculating retirement annuities under
10 this Section, periods of service rendered after December 31,
11 1968 and before October 1, 1975 as a covered employee in the
12 position of special agent, conservation police officer, mental
13 health police officer, or investigator for the Secretary of
14 State, shall be deemed to have been service as a noncovered
15 employee, provided that the employee pays to the System prior
16 to retirement an amount equal to (1) the difference between
17 the employee contributions that would have been required for
18 such service as a noncovered employee, and the amount of
19 employee contributions actually paid, plus (2) if payment is
20 made after July 31, 1987, regular interest on the amount
21 specified in item (1) from the date of service to the date of
22 payment.
23 For purposes of calculating retirement annuities under
24 this Section, periods of service rendered after December 31,
25 1968 and before January 1, 1982 as a covered employee in the
26 position of investigator for the Department of Revenue shall
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1 be deemed to have been service as a noncovered employee,
2 provided that the employee pays to the System prior to
3 retirement an amount equal to (1) the difference between the
4 employee contributions that would have been required for such
5 service as a noncovered employee, and the amount of employee
6 contributions actually paid, plus (2) if payment is made after
7 January 1, 1990, regular interest on the amount specified in
8 item (1) from the date of service to the date of payment.
9 (g) A State policeman may elect, not later than January 1,
10 1990, to establish eligible creditable service for up to 10
11 years of his service as a policeman under Article 3, by filing
12 a written election with the Board, accompanied by payment of
13 an amount to be determined by the Board, equal to (i) the
14 difference between the amount of employee and employer
15 contributions transferred to the System under Section 3-110.5,
16 and the amounts that would have been contributed had such
17 contributions been made at the rates applicable to State
18 policemen, plus (ii) interest thereon at the effective rate
19 for each year, compounded annually, from the date of service
20 to the date of payment.
21 Subject to the limitation in subsection (i), a State
22 policeman may elect, not later than July 1, 1993, to establish
23 eligible creditable service for up to 10 years of his service
24 as a member of the County Police Department under Article 9, by
25 filing a written election with the Board, accompanied by
26 payment of an amount to be determined by the Board, equal to
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1 (i) the difference between the amount of employee and employer
2 contributions transferred to the System under Section 9-121.10
3 and the amounts that would have been contributed had those
4 contributions been made at the rates applicable to State
5 policemen, plus (ii) interest thereon at the effective rate
6 for each year, compounded annually, from the date of service
7 to the date of payment.
8 (h) Subject to the limitation in subsection (i), a State
9 policeman or investigator for the Secretary of State may elect
10 to establish eligible creditable service for up to 12 years of
11 his service as a policeman under Article 5, by filing a written
12 election with the Board on or before January 31, 1992, and
13 paying to the System by January 31, 1994 an amount to be
14 determined by the Board, equal to (i) the difference between
15 the amount of employee and employer contributions transferred
16 to the System under Section 5-236, and the amounts that would
17 have been contributed had such contributions been made at the
18 rates applicable to State policemen, plus (ii) interest
19 thereon at the effective rate for each year, compounded
20 annually, from the date of service to the date of payment.
21 Subject to the limitation in subsection (i), a State
22 policeman, conservation police officer, or investigator for
23 the Secretary of State may elect to establish eligible
24 creditable service for up to 10 years of service as a sheriff's
25 law enforcement employee under Article 7, by filing a written
26 election with the Board on or before January 31, 1993, and
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1 paying to the System by January 31, 1994 an amount to be
2 determined by the Board, equal to (i) the difference between
3 the amount of employee and employer contributions transferred
4 to the System under Section 7-139.7, and the amounts that
5 would have been contributed had such contributions been made
6 at the rates applicable to State policemen, plus (ii) interest
7 thereon at the effective rate for each year, compounded
8 annually, from the date of service to the date of payment.
9 Subject to the limitation in subsection (i), a State
10 policeman, conservation police officer, or investigator for
11 the Secretary of State may elect to establish eligible
12 creditable service for up to 5 years of service as a police
13 officer under Article 3, a policeman under Article 5, a
14 sheriff's law enforcement employee under Article 7, a member
15 of the county police department under Article 9, or a police
16 officer under Article 15 by filing a written election with the
17 Board and paying to the System an amount to be determined by
18 the Board, equal to (i) the difference between the amount of
19 employee and employer contributions transferred to the System
20 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
21 and the amounts that would have been contributed had such
22 contributions been made at the rates applicable to State
23 policemen, plus (ii) interest thereon at the effective rate
24 for each year, compounded annually, from the date of service
25 to the date of payment.
26 Subject to the limitation in subsection (i), an
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1 investigator for the Office of the Attorney General, or an
2 investigator for the Department of Revenue, may elect to
3 establish eligible creditable service for up to 5 years of
4 service as a police officer under Article 3, a policeman under
5 Article 5, a sheriff's law enforcement employee under Article
6 7, or a member of the county police department under Article 9
7 by filing a written election with the Board within 6 months
8 after August 25, 2009 (the effective date of Public Act
9 96-745) and paying to the System an amount to be determined by
10 the Board, equal to (i) the difference between the amount of
11 employee and employer contributions transferred to the System
12 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
13 amounts that would have been contributed had such
14 contributions been made at the rates applicable to State
15 policemen, plus (ii) interest thereon at the actuarially
16 assumed rate for each year, compounded annually, from the date
17 of service to the date of payment.
18 Subject to the limitation in subsection (i), a State
19 policeman, conservation police officer, investigator for the
20 Office of the Attorney General, an investigator for the
21 Department of Revenue, or investigator for the Secretary of
22 State may elect to establish eligible creditable service for
23 up to 5 years of service as a person employed by a
24 participating municipality to perform police duties, or law
25 enforcement officer employed on a full-time basis by a forest
26 preserve district under Article 7, a county corrections
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1 officer, or a court services officer under Article 9, by
2 filing a written election with the Board within 6 months after
3 August 25, 2009 (the effective date of Public Act 96-745) and
4 paying to the System an amount to be determined by the Board,
5 equal to (i) the difference between the amount of employee and
6 employer contributions transferred to the System under
7 Sections 7-139.8 and 9-121.10 and the amounts that would have
8 been contributed had such contributions been made at the rates
9 applicable to State policemen, plus (ii) interest thereon at
10 the actuarially assumed rate for each year, compounded
11 annually, from the date of service to the date of payment.
12 Subject to the limitation in subsection (i), a State
13 policeman, arson investigator, or Commerce Commission police
14 officer may elect to establish eligible creditable service for
15 up to 5 years of service as a person employed by a
16 participating municipality to perform police duties under
17 Article 7, a county corrections officer, a court services
18 officer under Article 9, or a firefighter under Article 4 by
19 filing a written election with the Board within 6 months after
20 July 30, 2021 (the effective date of Public Act 102-210) and
21 paying to the System an amount to be determined by the Board
22 equal to (i) the difference between the amount of employee and
23 employer contributions transferred to the System under
24 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
25 would have been contributed had such contributions been made
26 at the rates applicable to State policemen, plus (ii) interest
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1 thereon at the actuarially assumed rate for each year,
2 compounded annually, from the date of service to the date of
3 payment.
4 Subject to the limitation in subsection (i), a
5 conservation police officer may elect to establish eligible
6 creditable service for up to 5 years of service as a person
7 employed by a participating municipality to perform police
8 duties under Article 7, a county corrections officer, or a
9 court services officer under Article 9 by filing a written
10 election with the Board within 6 months after July 30, 2021
11 (the effective date of Public Act 102-210) and paying to the
12 System an amount to be determined by the Board equal to (i) the
13 difference between the amount of employee and employer
14 contributions transferred to the System under Sections 7-139.8
15 and 9-121.10 and the amounts that would have been contributed
16 had such contributions been made at the rates applicable to
17 State policemen, plus (ii) interest thereon at the actuarially
18 assumed rate for each year, compounded annually, from the date
19 of service to the date of payment.
20 Notwithstanding the limitation in subsection (i), a State
21 policeman or conservation police officer may elect to convert
22 service credit earned under this Article to eligible
23 creditable service, as defined by this Section, by filing a
24 written election with the board within 6 months after July 30,
25 2021 (the effective date of Public Act 102-210) and paying to
26 the System an amount to be determined by the Board equal to (i)
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1 the difference between the amount of employee contributions
2 originally paid for that service and the amounts that would
3 have been contributed had such contributions been made at the
4 rates applicable to State policemen, plus (ii) the difference
5 between the employer's normal cost of the credit prior to the
6 conversion authorized by Public Act 102-210 and the employer's
7 normal cost of the credit converted in accordance with Public
8 Act 102-210, plus (iii) interest thereon at the actuarially
9 assumed rate for each year, compounded annually, from the date
10 of service to the date of payment.
11 (i) The total amount of eligible creditable service
12 established by any person under subsections (g), (h), (j),
13 (k), (l), (l-5), and (o) of this Section shall not exceed 12
14 years.
15 (j) Subject to the limitation in subsection (i), an
16 investigator for the Office of the State's Attorneys Appellate
17 Prosecutor or a controlled substance inspector may elect to
18 establish eligible creditable service for up to 10 years of
19 his service as a policeman under Article 3 or a sheriff's law
20 enforcement employee under Article 7, by filing a written
21 election with the Board, accompanied by payment of an amount
22 to be determined by the Board, equal to (1) the difference
23 between the amount of employee and employer contributions
24 transferred to the System under Section 3-110.6 or 7-139.8,
25 and the amounts that would have been contributed had such
26 contributions been made at the rates applicable to State
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1 policemen, plus (2) interest thereon at the effective rate for
2 each year, compounded annually, from the date of service to
3 the date of payment.
4 (k) Subject to the limitation in subsection (i) of this
5 Section, an alternative formula employee may elect to
6 establish eligible creditable service for periods spent as a
7 full-time law enforcement officer or full-time corrections
8 officer employed by the federal government or by a state or
9 local government located outside of Illinois, for which credit
10 is not held in any other public employee pension fund or
11 retirement system. To obtain this credit, the applicant must
12 file a written application with the Board by March 31, 1998,
13 accompanied by evidence of eligibility acceptable to the Board
14 and payment of an amount to be determined by the Board, equal
15 to (1) employee contributions for the credit being
16 established, based upon the applicant's salary on the first
17 day as an alternative formula employee after the employment
18 for which credit is being established and the rates then
19 applicable to alternative formula employees, plus (2) an
20 amount determined by the Board to be the employer's normal
21 cost of the benefits accrued for the credit being established,
22 plus (3) regular interest on the amounts in items (1) and (2)
23 from the first day as an alternative formula employee after
24 the employment for which credit is being established to the
25 date of payment.
26 (l) Subject to the limitation in subsection (i), a
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1 security employee of the Department of Corrections may elect,
2 not later than July 1, 1998, to establish eligible creditable
3 service for up to 10 years of his or her service as a policeman
4 under Article 3, by filing a written election with the Board,
5 accompanied by payment of an amount to be determined by the
6 Board, equal to (i) the difference between the amount of
7 employee and employer contributions transferred to the System
8 under Section 3-110.5, and the amounts that would have been
9 contributed had such contributions been made at the rates
10 applicable to security employees of the Department of
11 Corrections, plus (ii) interest thereon at the effective rate
12 for each year, compounded annually, from the date of service
13 to the date of payment.
14 (l-5) Subject to the limitation in subsection (i) of this
15 Section, a State policeman may elect to establish eligible
16 creditable service for up to 5 years of service as a full-time
17 law enforcement officer employed by the federal government or
18 by a state or local government located outside of Illinois for
19 which credit is not held in any other public employee pension
20 fund or retirement system. To obtain this credit, the
21 applicant must file a written application with the Board no
22 later than 3 years after January 1, 2020 (the effective date of
23 Public Act 101-610), accompanied by evidence of eligibility
24 acceptable to the Board and payment of an amount to be
25 determined by the Board, equal to (1) employee contributions
26 for the credit being established, based upon the applicant's
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1 salary on the first day as an alternative formula employee
2 after the employment for which credit is being established and
3 the rates then applicable to alternative formula employees,
4 plus (2) an amount determined by the Board to be the employer's
5 normal cost of the benefits accrued for the credit being
6 established, plus (3) regular interest on the amounts in items
7 (1) and (2) from the first day as an alternative formula
8 employee after the employment for which credit is being
9 established to the date of payment.
10 (m) The amendatory changes to this Section made by Public
11 Act 94-696 apply only to: (1) security employees of the
12 Department of Juvenile Justice employed by the Department of
13 Corrections before June 1, 2006 (the effective date of Public
14 Act 94-696) and transferred to the Department of Juvenile
15 Justice by Public Act 94-696; and (2) persons employed by the
16 Department of Juvenile Justice on or after June 1, 2006 (the
17 effective date of Public Act 94-696) who are required by
18 subsection (b) of Section 3-2.5-15 of the Unified Code of
19 Corrections to have any bachelor's or advanced degree from an
20 accredited college or university or, in the case of persons
21 who provide vocational training, who are required to have
22 adequate knowledge in the skill for which they are providing
23 the vocational training.
24 (n) A person employed in a position under subsection (b)
25 of this Section who has purchased service credit under
26 subsection (j) of Section 14-104 or subsection (b) of Section
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1 14-105 in any other capacity under this Article may convert up
2 to 5 years of that service credit into service credit covered
3 under this Section by paying to the Fund an amount equal to (1)
4 the additional employee contribution required under Section
5 14-133, plus (2) the additional employer contribution required
6 under Section 14-131, plus (3) interest on items (1) and (2) at
7 the actuarially assumed rate from the date of the service to
8 the date of payment.
9 (o) Subject to the limitation in subsection (i), a
10 conservation police officer, investigator for the Secretary of
11 State, Commerce Commission police officer, investigator for
12 the Department of Revenue or the Illinois Gaming Board, or
13 arson investigator subject to subsection (g) of Section 1-160
14 may elect to convert up to 8 years of service credit
15 established before January 1, 2020 (the effective date of
16 Public Act 101-610) as a conservation police officer,
17 investigator for the Secretary of State, Commerce Commission
18 police officer, investigator for the Department of Revenue or
19 the Illinois Gaming Board, or arson investigator under this
20 Article into eligible creditable service by filing a written
21 election with the Board no later than one year after January 1,
22 2020 (the effective date of Public Act 101-610), accompanied
23 by payment of an amount to be determined by the Board equal to
24 (i) the difference between the amount of the employee
25 contributions actually paid for that service and the amount of
26 the employee contributions that would have been paid had the
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1 employee contributions been made as a noncovered employee
2 serving in a position in which eligible creditable service, as
3 defined in this Section, may be earned, plus (ii) interest
4 thereon at the effective rate for each year, compounded
5 annually, from the date of service to the date of payment.
6 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
7 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
8 (Text of Section from P.A. 102-856)
9 Sec. 14-110. Alternative retirement annuity.
10 (a) Any member who has withdrawn from service with not
11 less than 20 years of eligible creditable service and has
12 attained age 55, and any member who has withdrawn from service
13 with not less than 25 years of eligible creditable service and
14 has attained age 50, regardless of whether the attainment of
15 either of the specified ages occurs while the member is still
16 in service, shall be entitled to receive at the option of the
17 member, in lieu of the regular or minimum retirement annuity,
18 a retirement annuity computed as follows:
19 (i) for periods of service as a noncovered employee:
20 if retirement occurs on or after January 1, 2001, 3% of
21 final average compensation for each year of creditable
22 service; if retirement occurs before January 1, 2001, 2
23 1/4% of final average compensation for each of the first
24 10 years of creditable service, 2 1/2% for each year above
25 10 years to and including 20 years of creditable service,
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1 and 2 3/4% for each year of creditable service above 20
2 years; and
3 (ii) for periods of eligible creditable service as a
4 covered employee: if retirement occurs on or after January
5 1, 2001, 2.5% of final average compensation for each year
6 of creditable service; if retirement occurs before January
7 1, 2001, 1.67% of final average compensation for each of
8 the first 10 years of such service, 1.90% for each of the
9 next 10 years of such service, 2.10% for each year of such
10 service in excess of 20 but not exceeding 30, and 2.30% for
11 each year in excess of 30.
12 Such annuity shall be subject to a maximum of 75% of final
13 average compensation if retirement occurs before January 1,
14 2001 or to a maximum of 80% of final average compensation if
15 retirement occurs on or after January 1, 2001.
16 These rates shall not be applicable to any service
17 performed by a member as a covered employee which is not
18 eligible creditable service. Service as a covered employee
19 which is not eligible creditable service shall be subject to
20 the rates and provisions of Section 14-108.
21 (b) For the purpose of this Section, "eligible creditable
22 service" means creditable service resulting from service in
23 one or more of the following positions:
24 (1) State policeman;
25 (2) fire fighter in the fire protection service of a
26 department;
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1 (3) air pilot;
2 (4) special agent;
3 (5) investigator for the Secretary of State;
4 (6) conservation police officer;
5 (7) investigator for the Department of Revenue or the
6 Illinois Gaming Board;
7 (8) security employee of the Department of Human
8 Services;
9 (9) Central Management Services security police
10 officer;
11 (10) security employee of the Department of
12 Corrections or the Department of Juvenile Justice;
13 (11) dangerous drugs investigator;
14 (12) investigator for the Illinois State Police;
15 (13) investigator for the Office of the Attorney
16 General;
17 (14) controlled substance inspector;
18 (15) investigator for the Office of the State's
19 Attorneys Appellate Prosecutor;
20 (16) Commerce Commission police officer;
21 (17) arson investigator;
22 (18) State highway maintenance worker;
23 (19) security employee of the Department of Innovation
24 and Technology; or
25 (20) transferred employee.
26 A person employed in one of the positions specified in
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1 this subsection is entitled to eligible creditable service for
2 service credit earned under this Article while undergoing the
3 basic police training course approved by the Illinois Law
4 Enforcement Training Standards Board, if completion of that
5 training is required of persons serving in that position. For
6 the purposes of this Code, service during the required basic
7 police training course shall be deemed performance of the
8 duties of the specified position, even though the person is
9 not a sworn peace officer at the time of the training.
10 A person under paragraph (20) is entitled to eligible
11 creditable service for service credit earned under this
12 Article on and after his or her transfer by Executive Order No.
13 2003-10, Executive Order No. 2004-2, or Executive Order No.
14 2016-1.
15 (c) For the purposes of this Section:
16 (1) The term "State policeman" includes any title or
17 position in the Illinois State Police that is held by an
18 individual employed under the Illinois State Police Act.
19 (2) The term "fire fighter in the fire protection
20 service of a department" includes all officers in such
21 fire protection service including fire chiefs and
22 assistant fire chiefs.
23 (3) The term "air pilot" includes any employee whose
24 official job description on file in the Department of
25 Central Management Services, or in the department by which
26 he is employed if that department is not covered by the
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1 Personnel Code, states that his principal duty is the
2 operation of aircraft, and who possesses a pilot's
3 license; however, the change in this definition made by
4 Public Act 83-842 shall not operate to exclude any
5 noncovered employee who was an "air pilot" for the
6 purposes of this Section on January 1, 1984.
7 (4) The term "special agent" means any person who by
8 reason of employment by the Division of Narcotic Control,
9 the Bureau of Investigation or, after July 1, 1977, the
10 Division of Criminal Investigation, the Division of
11 Internal Investigation, the Division of Operations, the
12 Division of Patrol Operations, or any other Division or
13 organizational entity in the Illinois State Police is
14 vested by law with duties to maintain public order,
15 investigate violations of the criminal law of this State,
16 enforce the laws of this State, make arrests and recover
17 property. The term "special agent" includes any title or
18 position in the Illinois State Police that is held by an
19 individual employed under the Illinois State Police Act.
20 (5) The term "investigator for the Secretary of State"
21 means any person employed by the Office of the Secretary
22 of State and vested with such investigative duties as
23 render him ineligible for coverage under the Social
24 Security Act by reason of Sections 218(d)(5)(A),
25 218(d)(8)(D) and 218(l)(1) of that Act.
26 A person who became employed as an investigator for
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1 the Secretary of State between January 1, 1967 and
2 December 31, 1975, and who has served as such until
3 attainment of age 60, either continuously or with a single
4 break in service of not more than 3 years duration, which
5 break terminated before January 1, 1976, shall be entitled
6 to have his retirement annuity calculated in accordance
7 with subsection (a), notwithstanding that he has less than
8 20 years of credit for such service.
9 (6) The term "Conservation Police Officer" means any
10 person employed by the Division of Law Enforcement of the
11 Department of Natural Resources and vested with such law
12 enforcement duties as render him ineligible for coverage
13 under the Social Security Act by reason of Sections
14 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
15 term "Conservation Police Officer" includes the positions
16 of Chief Conservation Police Administrator and Assistant
17 Conservation Police Administrator.
18 (7) The term "investigator for the Department of
19 Revenue" means any person employed by the Department of
20 Revenue and vested with such investigative duties as
21 render him ineligible for coverage under the Social
22 Security Act by reason of Sections 218(d)(5)(A),
23 218(d)(8)(D) and 218(l)(1) of that Act.
24 The term "investigator for the Illinois Gaming Board"
25 means any person employed as such by the Illinois Gaming
26 Board and vested with such peace officer duties as render
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1 the person ineligible for coverage under the Social
2 Security Act by reason of Sections 218(d)(5)(A),
3 218(d)(8)(D), and 218(l)(1) of that Act.
4 (8) The term "security employee of the Department of
5 Human Services" means any person employed by the
6 Department of Human Services who (i) is employed at the
7 Chester Mental Health Center and has daily contact with
8 the residents thereof, (ii) is employed within a security
9 unit at a facility operated by the Department and has
10 daily contact with the residents of the security unit,
11 (iii) is employed at a facility operated by the Department
12 that includes a security unit and is regularly scheduled
13 to work at least 50% of his or her working hours within
14 that security unit, or (iv) is a mental health police
15 officer. "Mental health police officer" means any person
16 employed by the Department of Human Services in a position
17 pertaining to the Department's mental health and
18 developmental disabilities functions who is vested with
19 such law enforcement duties as render the person
20 ineligible for coverage under the Social Security Act by
21 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
22 218(l)(1) of that Act. "Security unit" means that portion
23 of a facility that is devoted to the care, containment,
24 and treatment of persons committed to the Department of
25 Human Services as sexually violent persons, persons unfit
26 to stand trial, or persons not guilty by reason of
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1 insanity. With respect to past employment, references to
2 the Department of Human Services include its predecessor,
3 the Department of Mental Health and Developmental
4 Disabilities.
5 The changes made to this subdivision (c)(8) by Public
6 Act 92-14 apply to persons who retire on or after January
7 1, 2001, notwithstanding Section 1-103.1.
8 (9) "Central Management Services security police
9 officer" means any person employed by the Department of
10 Central Management Services who is vested with such law
11 enforcement duties as render him ineligible for coverage
12 under the Social Security Act by reason of Sections
13 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
14 (10) For a member who first became an employee under
15 this Article before July 1, 2005, the term "security
16 employee of the Department of Corrections or the
17 Department of Juvenile Justice" means any employee of the
18 Department of Corrections or the Department of Juvenile
19 Justice or the former Department of Personnel, and any
20 member or employee of the Prisoner Review Board, who has
21 daily contact with inmates or youth by working within a
22 correctional facility or Juvenile facility operated by the
23 Department of Juvenile Justice or who is a parole officer
24 or an employee who has direct contact with committed
25 persons in the performance of his or her job duties. For a
26 member who first becomes an employee under this Article on
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1 or after July 1, 2005, the term means an employee of the
2 Department of Corrections or the Department of Juvenile
3 Justice who is any of the following: (i) officially
4 headquartered at a correctional facility or Juvenile
5 facility operated by the Department of Juvenile Justice,
6 (ii) a parole officer, (iii) a member of the apprehension
7 unit, (iv) a member of the intelligence unit, (v) a member
8 of the sort team, or (vi) an investigator.
9 (11) The term "dangerous drugs investigator" means any
10 person who is employed as such by the Department of Human
11 Services.
12 (12) The term "investigator for the Illinois State
13 Police" means a person employed by the Illinois State
14 Police who is vested under Section 4 of the Narcotic
15 Control Division Abolition Act with such law enforcement
16 powers as render him ineligible for coverage under the
17 Social Security Act by reason of Sections 218(d)(5)(A),
18 218(d)(8)(D) and 218(l)(1) of that Act.
19 (13) "Investigator for the Office of the Attorney
20 General" means any person who is employed as such by the
21 Office of the Attorney General and is vested with such
22 investigative duties as render him ineligible for coverage
23 under the Social Security Act by reason of Sections
24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
25 the period before January 1, 1989, the term includes all
26 persons who were employed as investigators by the Office
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1 of the Attorney General, without regard to social security
2 status.
3 (14) "Controlled substance inspector" means any person
4 who is employed as such by the Department of Professional
5 Regulation and is vested with such law enforcement duties
6 as render him ineligible for coverage under the Social
7 Security Act by reason of Sections 218(d)(5)(A),
8 218(d)(8)(D) and 218(l)(1) of that Act. The term
9 "controlled substance inspector" includes the Program
10 Executive of Enforcement and the Assistant Program
11 Executive of Enforcement.
12 (15) The term "investigator for the Office of the
13 State's Attorneys Appellate Prosecutor" means a person
14 employed in that capacity on a full-time basis under the
15 authority of Section 7.06 of the State's Attorneys
16 Appellate Prosecutor's Act.
17 (16) "Commerce Commission police officer" means any
18 person employed by the Illinois Commerce Commission who is
19 vested with such law enforcement duties as render him
20 ineligible for coverage under the Social Security Act by
21 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
22 218(l)(1) of that Act.
23 (17) "Arson investigator" means any person who is
24 employed as such by the Office of the State Fire Marshal
25 and is vested with such law enforcement duties as render
26 the person ineligible for coverage under the Social
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1 Security Act by reason of Sections 218(d)(5)(A),
2 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
3 employed as an arson investigator on January 1, 1995 and
4 is no longer in service but not yet receiving a retirement
5 annuity may convert his or her creditable service for
6 employment as an arson investigator into eligible
7 creditable service by paying to the System the difference
8 between the employee contributions actually paid for that
9 service and the amounts that would have been contributed
10 if the applicant were contributing at the rate applicable
11 to persons with the same social security status earning
12 eligible creditable service on the date of application.
13 (18) The term "State highway maintenance worker" means
14 a person who is either of the following:
15 (i) A person employed on a full-time basis by the
16 Illinois Department of Transportation in the position
17 of highway maintainer, highway maintenance lead
18 worker, highway maintenance lead/lead worker, heavy
19 construction equipment operator, power shovel
20 operator, or bridge mechanic; and whose principal
21 responsibility is to perform, on the roadway, the
22 actual maintenance necessary to keep the highways that
23 form a part of the State highway system in serviceable
24 condition for vehicular traffic.
25 (ii) A person employed on a full-time basis by the
26 Illinois State Toll Highway Authority in the position
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1 of equipment operator/laborer H-4, equipment
2 operator/laborer H-6, welder H-4, welder H-6,
3 mechanical/electrical H-4, mechanical/electrical H-6,
4 water/sewer H-4, water/sewer H-6, sign maker/hanger
5 H-4, sign maker/hanger H-6, roadway lighting H-4,
6 roadway lighting H-6, structural H-4, structural H-6,
7 painter H-4, or painter H-6; and whose principal
8 responsibility is to perform, on the roadway, the
9 actual maintenance necessary to keep the Authority's
10 tollways in serviceable condition for vehicular
11 traffic.
12 (19) The term "security employee of the Department of
13 Innovation and Technology" means a person who was a
14 security employee of the Department of Corrections or the
15 Department of Juvenile Justice, was transferred to the
16 Department of Innovation and Technology pursuant to
17 Executive Order 2016-01, and continues to perform similar
18 job functions under that Department.
19 (20) "Transferred employee" means an employee who was
20 transferred to the Department of Central Management
21 Services by Executive Order No. 2003-10 or Executive Order
22 No. 2004-2 or transferred to the Department of Innovation
23 and Technology by Executive Order No. 2016-1, or both, and
24 was entitled to eligible creditable service for services
25 immediately preceding the transfer.
26 (d) A security employee of the Department of Corrections
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1 or the Department of Juvenile Justice, a security employee of
2 the Department of Human Services who is not a mental health
3 police officer, and a security employee of the Department of
4 Innovation and Technology shall not be eligible for the
5 alternative retirement annuity provided by this Section unless
6 he or she meets the following minimum age and service
7 requirements at the time of retirement:
8 (i) 25 years of eligible creditable service and age
9 55; or
10 (ii) beginning January 1, 1987, 25 years of eligible
11 creditable service and age 54, or 24 years of eligible
12 creditable service and age 55; or
13 (iii) beginning January 1, 1988, 25 years of eligible
14 creditable service and age 53, or 23 years of eligible
15 creditable service and age 55; or
16 (iv) beginning January 1, 1989, 25 years of eligible
17 creditable service and age 52, or 22 years of eligible
18 creditable service and age 55; or
19 (v) beginning January 1, 1990, 25 years of eligible
20 creditable service and age 51, or 21 years of eligible
21 creditable service and age 55; or
22 (vi) beginning January 1, 1991, 25 years of eligible
23 creditable service and age 50, or 20 years of eligible
24 creditable service and age 55.
25 Persons who have service credit under Article 16 of this
26 Code for service as a security employee of the Department of
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1 Corrections or the Department of Juvenile Justice, or the
2 Department of Human Services in a position requiring
3 certification as a teacher may count such service toward
4 establishing their eligibility under the service requirements
5 of this Section; but such service may be used only for
6 establishing such eligibility, and not for the purpose of
7 increasing or calculating any benefit.
8 (e) If a member enters military service while working in a
9 position in which eligible creditable service may be earned,
10 and returns to State service in the same or another such
11 position, and fulfills in all other respects the conditions
12 prescribed in this Article for credit for military service,
13 such military service shall be credited as eligible creditable
14 service for the purposes of the retirement annuity prescribed
15 in this Section.
16 (f) For purposes of calculating retirement annuities under
17 this Section, periods of service rendered after December 31,
18 1968 and before October 1, 1975 as a covered employee in the
19 position of special agent, conservation police officer, mental
20 health police officer, or investigator for the Secretary of
21 State, shall be deemed to have been service as a noncovered
22 employee, provided that the employee pays to the System prior
23 to retirement an amount equal to (1) the difference between
24 the employee contributions that would have been required for
25 such service as a noncovered employee, and the amount of
26 employee contributions actually paid, plus (2) if payment is
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1 made after July 31, 1987, regular interest on the amount
2 specified in item (1) from the date of service to the date of
3 payment.
4 For purposes of calculating retirement annuities under
5 this Section, periods of service rendered after December 31,
6 1968 and before January 1, 1982 as a covered employee in the
7 position of investigator for the Department of Revenue shall
8 be deemed to have been service as a noncovered employee,
9 provided that the employee pays to the System prior to
10 retirement an amount equal to (1) the difference between the
11 employee contributions that would have been required for such
12 service as a noncovered employee, and the amount of employee
13 contributions actually paid, plus (2) if payment is made after
14 January 1, 1990, regular interest on the amount specified in
15 item (1) from the date of service to the date of payment.
16 (g) A State policeman may elect, not later than January 1,
17 1990, to establish eligible creditable service for up to 10
18 years of his service as a policeman under Article 3, by filing
19 a written election with the Board, accompanied by payment of
20 an amount to be determined by the Board, equal to (i) the
21 difference between the amount of employee and employer
22 contributions transferred to the System under Section 3-110.5,
23 and the amounts that would have been contributed had such
24 contributions been made at the rates applicable to State
25 policemen, plus (ii) interest thereon at the effective rate
26 for each year, compounded annually, from the date of service
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1 to the date of payment.
2 Subject to the limitation in subsection (i), a State
3 policeman may elect, not later than July 1, 1993, to establish
4 eligible creditable service for up to 10 years of his service
5 as a member of the County Police Department under Article 9, by
6 filing a written election with the Board, accompanied by
7 payment of an amount to be determined by the Board, equal to
8 (i) the difference between the amount of employee and employer
9 contributions transferred to the System under Section 9-121.10
10 and the amounts that would have been contributed had those
11 contributions been made at the rates applicable to State
12 policemen, plus (ii) interest thereon at the effective rate
13 for each year, compounded annually, from the date of service
14 to the date of payment.
15 (h) Subject to the limitation in subsection (i), a State
16 policeman or investigator for the Secretary of State may elect
17 to establish eligible creditable service for up to 12 years of
18 his service as a policeman under Article 5, by filing a written
19 election with the Board on or before January 31, 1992, and
20 paying to the System by January 31, 1994 an amount to be
21 determined by the Board, equal to (i) the difference between
22 the amount of employee and employer contributions transferred
23 to the System under Section 5-236, and the amounts that would
24 have been contributed had such contributions been made at the
25 rates applicable to State policemen, plus (ii) interest
26 thereon at the effective rate for each year, compounded
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1 annually, from the date of service to the date of payment.
2 Subject to the limitation in subsection (i), a State
3 policeman, conservation police officer, or investigator for
4 the Secretary of State may elect to establish eligible
5 creditable service for up to 10 years of service as a sheriff's
6 law enforcement employee under Article 7, by filing a written
7 election with the Board on or before January 31, 1993, and
8 paying to the System by January 31, 1994 an amount to be
9 determined by the Board, equal to (i) the difference between
10 the amount of employee and employer contributions transferred
11 to the System under Section 7-139.7, and the amounts that
12 would have been contributed had such contributions been made
13 at the rates applicable to State policemen, plus (ii) interest
14 thereon at the effective rate for each year, compounded
15 annually, from the date of service to the date of payment.
16 Subject to the limitation in subsection (i), a State
17 policeman, conservation police officer, or investigator for
18 the Secretary of State may elect to establish eligible
19 creditable service for up to 5 years of service as a police
20 officer under Article 3, a policeman under Article 5, a
21 sheriff's law enforcement employee under Article 7, a member
22 of the county police department under Article 9, or a police
23 officer under Article 15 by filing a written election with the
24 Board and paying to the System an amount to be determined by
25 the Board, equal to (i) the difference between the amount of
26 employee and employer contributions transferred to the System
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1 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
2 and the amounts that would have been contributed had such
3 contributions been made at the rates applicable to State
4 policemen, plus (ii) interest thereon at the effective rate
5 for each year, compounded annually, from the date of service
6 to the date of payment.
7 Subject to the limitation in subsection (i), an
8 investigator for the Office of the Attorney General, or an
9 investigator for the Department of Revenue, may elect to
10 establish eligible creditable service for up to 5 years of
11 service as a police officer under Article 3, a policeman under
12 Article 5, a sheriff's law enforcement employee under Article
13 7, or a member of the county police department under Article 9
14 by filing a written election with the Board within 6 months
15 after August 25, 2009 (the effective date of Public Act
16 96-745) and paying to the System an amount to be determined by
17 the Board, equal to (i) the difference between the amount of
18 employee and employer contributions transferred to the System
19 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
20 amounts that would have been contributed had such
21 contributions been made at the rates applicable to State
22 policemen, plus (ii) interest thereon at the actuarially
23 assumed rate for each year, compounded annually, from the date
24 of service to the date of payment.
25 Subject to the limitation in subsection (i), a State
26 policeman, conservation police officer, investigator for the
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1 Office of the Attorney General, an investigator for the
2 Department of Revenue, or investigator for the Secretary of
3 State may elect to establish eligible creditable service for
4 up to 5 years of service as a person employed by a
5 participating municipality to perform police duties, or law
6 enforcement officer employed on a full-time basis by a forest
7 preserve district under Article 7, a county corrections
8 officer, or a court services officer under Article 9, by
9 filing a written election with the Board within 6 months after
10 August 25, 2009 (the effective date of Public Act 96-745) and
11 paying to the System an amount to be determined by the Board,
12 equal to (i) the difference between the amount of employee and
13 employer contributions transferred to the System under
14 Sections 7-139.8 and 9-121.10 and the amounts that would have
15 been contributed had such contributions been made at the rates
16 applicable to State policemen, plus (ii) interest thereon at
17 the actuarially assumed rate for each year, compounded
18 annually, from the date of service to the date of payment.
19 Subject to the limitation in subsection (i), a State
20 policeman, arson investigator, or Commerce Commission police
21 officer may elect to establish eligible creditable service for
22 up to 5 years of service as a person employed by a
23 participating municipality to perform police duties under
24 Article 7, a county corrections officer, a court services
25 officer under Article 9, or a firefighter under Article 4 by
26 filing a written election with the Board within 6 months after
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1 July 30, 2021 (the effective date of Public Act 102-210) and
2 paying to the System an amount to be determined by the Board
3 equal to (i) the difference between the amount of employee and
4 employer contributions transferred to the System under
5 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
6 would have been contributed had such contributions been made
7 at the rates applicable to State policemen, plus (ii) interest
8 thereon at the actuarially assumed rate for each year,
9 compounded annually, from the date of service to the date of
10 payment.
11 Subject to the limitation in subsection (i), a
12 conservation police officer may elect to establish eligible
13 creditable service for up to 5 years of service as a person
14 employed by a participating municipality to perform police
15 duties under Article 7, a county corrections officer, or a
16 court services officer under Article 9 by filing a written
17 election with the Board within 6 months after July 30, 2021
18 (the effective date of Public Act 102-210) and paying to the
19 System an amount to be determined by the Board equal to (i) the
20 difference between the amount of employee and employer
21 contributions transferred to the System under Sections 7-139.8
22 and 9-121.10 and the amounts that would have been contributed
23 had such contributions been made at the rates applicable to
24 State policemen, plus (ii) interest thereon at the actuarially
25 assumed rate for each year, compounded annually, from the date
26 of service to the date of payment.
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1 Subject to the limitation in subsection (i), an
2 investigator for the Department of Revenue, investigator for
3 the Illinois Gaming Board, investigator for the Secretary of
4 State, or arson investigator may elect to establish eligible
5 creditable service for up to 5 years of service as a person
6 employed by a participating municipality to perform police
7 duties under Article 7, a county corrections officer, a court
8 services officer under Article 9, or a firefighter under
9 Article 4 by filing a written election with the Board within 6
10 months after the effective date of this amendatory Act of the
11 102nd General Assembly and paying to the System an amount to be
12 determined by the Board equal to (i) the difference between
13 the amount of employee and employer contributions transferred
14 to the System under Sections 4-108.8, 7-139.8, and 9-121.10
15 and the amounts that would have been contributed had such
16 contributions been made at the rates applicable to State
17 policemen, plus (ii) interest thereon at the actuarially
18 assumed rate for each year, compounded annually, from the date
19 of service to the date of payment.
20 Notwithstanding the limitation in subsection (i), a State
21 policeman or conservation police officer may elect to convert
22 service credit earned under this Article to eligible
23 creditable service, as defined by this Section, by filing a
24 written election with the board within 6 months after July 30,
25 2021 (the effective date of Public Act 102-210) and paying to
26 the System an amount to be determined by the Board equal to (i)
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1 the difference between the amount of employee contributions
2 originally paid for that service and the amounts that would
3 have been contributed had such contributions been made at the
4 rates applicable to State policemen, plus (ii) the difference
5 between the employer's normal cost of the credit prior to the
6 conversion authorized by Public Act 102-210 and the employer's
7 normal cost of the credit converted in accordance with Public
8 Act 102-210, plus (iii) interest thereon at the actuarially
9 assumed rate for each year, compounded annually, from the date
10 of service to the date of payment.
11 Notwithstanding the limitation in subsection (i), an
12 investigator for the Department of Revenue, investigator for
13 the Illinois Gaming Board, investigator for the Secretary of
14 State, or arson investigator may elect to convert service
15 credit earned under this Article to eligible creditable
16 service, as defined by this Section, by filing a written
17 election with the Board within 6 months after the effective
18 date of this amendatory Act of the 102nd General Assembly and
19 paying to the System an amount to be determined by the Board
20 equal to (i) the difference between the amount of employee
21 contributions originally paid for that service and the amounts
22 that would have been contributed had such contributions been
23 made at the rates applicable to investigators for the
24 Department of Revenue, investigators for the Illinois Gaming
25 Board, investigators for the Secretary of State, or arson
26 investigators, plus (ii) the difference between the employer's
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1 normal cost of the credit prior to the conversion authorized
2 by this amendatory Act of the 102nd General Assembly and the
3 employer's normal cost of the credit converted in accordance
4 with this amendatory Act of the 102nd General Assembly, plus
5 (iii) interest thereon at the actuarially assumed rate for
6 each year, compounded annually, from the date of service to
7 the date of payment.
8 (i) The total amount of eligible creditable service
9 established by any person under subsections (g), (h), (j),
10 (k), (l), (l-5), and (o) of this Section shall not exceed 12
11 years.
12 (j) Subject to the limitation in subsection (i), an
13 investigator for the Office of the State's Attorneys Appellate
14 Prosecutor or a controlled substance inspector may elect to
15 establish eligible creditable service for up to 10 years of
16 his service as a policeman under Article 3 or a sheriff's law
17 enforcement employee under Article 7, by filing a written
18 election with the Board, accompanied by payment of an amount
19 to be determined by the Board, equal to (1) the difference
20 between the amount of employee and employer contributions
21 transferred to the System under Section 3-110.6 or 7-139.8,
22 and the amounts that would have been contributed had such
23 contributions been made at the rates applicable to State
24 policemen, plus (2) interest thereon at the effective rate for
25 each year, compounded annually, from the date of service to
26 the date of payment.
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1 (k) Subject to the limitation in subsection (i) of this
2 Section, an alternative formula employee may elect to
3 establish eligible creditable service for periods spent as a
4 full-time law enforcement officer or full-time corrections
5 officer employed by the federal government or by a state or
6 local government located outside of Illinois, for which credit
7 is not held in any other public employee pension fund or
8 retirement system. To obtain this credit, the applicant must
9 file a written application with the Board by March 31, 1998,
10 accompanied by evidence of eligibility acceptable to the Board
11 and payment of an amount to be determined by the Board, equal
12 to (1) employee contributions for the credit being
13 established, based upon the applicant's salary on the first
14 day as an alternative formula employee after the employment
15 for which credit is being established and the rates then
16 applicable to alternative formula employees, plus (2) an
17 amount determined by the Board to be the employer's normal
18 cost of the benefits accrued for the credit being established,
19 plus (3) regular interest on the amounts in items (1) and (2)
20 from the first day as an alternative formula employee after
21 the employment for which credit is being established to the
22 date of payment.
23 (l) Subject to the limitation in subsection (i), a
24 security employee of the Department of Corrections may elect,
25 not later than July 1, 1998, to establish eligible creditable
26 service for up to 10 years of his or her service as a policeman
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1 under Article 3, by filing a written election with the Board,
2 accompanied by payment of an amount to be determined by the
3 Board, equal to (i) the difference between the amount of
4 employee and employer contributions transferred to the System
5 under Section 3-110.5, and the amounts that would have been
6 contributed had such contributions been made at the rates
7 applicable to security employees of the Department of
8 Corrections, plus (ii) interest thereon at the effective rate
9 for each year, compounded annually, from the date of service
10 to the date of payment.
11 (l-5) Subject to the limitation in subsection (i) of this
12 Section, a State policeman may elect to establish eligible
13 creditable service for up to 5 years of service as a full-time
14 law enforcement officer employed by the federal government or
15 by a state or local government located outside of Illinois for
16 which credit is not held in any other public employee pension
17 fund or retirement system. To obtain this credit, the
18 applicant must file a written application with the Board no
19 later than 3 years after January 1, 2020 (the effective date of
20 Public Act 101-610), accompanied by evidence of eligibility
21 acceptable to the Board and payment of an amount to be
22 determined by the Board, equal to (1) employee contributions
23 for the credit being established, based upon the applicant's
24 salary on the first day as an alternative formula employee
25 after the employment for which credit is being established and
26 the rates then applicable to alternative formula employees,
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1 plus (2) an amount determined by the Board to be the employer's
2 normal cost of the benefits accrued for the credit being
3 established, plus (3) regular interest on the amounts in items
4 (1) and (2) from the first day as an alternative formula
5 employee after the employment for which credit is being
6 established to the date of payment.
7 (m) The amendatory changes to this Section made by Public
8 Act 94-696 apply only to: (1) security employees of the
9 Department of Juvenile Justice employed by the Department of
10 Corrections before June 1, 2006 (the effective date of Public
11 Act 94-696) and transferred to the Department of Juvenile
12 Justice by Public Act 94-696; and (2) persons employed by the
13 Department of Juvenile Justice on or after June 1, 2006 (the
14 effective date of Public Act 94-696) who are required by
15 subsection (b) of Section 3-2.5-15 of the Unified Code of
16 Corrections to have any bachelor's or advanced degree from an
17 accredited college or university or, in the case of persons
18 who provide vocational training, who are required to have
19 adequate knowledge in the skill for which they are providing
20 the vocational training.
21 (n) A person employed in a position under subsection (b)
22 of this Section who has purchased service credit under
23 subsection (j) of Section 14-104 or subsection (b) of Section
24 14-105 in any other capacity under this Article may convert up
25 to 5 years of that service credit into service credit covered
26 under this Section by paying to the Fund an amount equal to (1)
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1 the additional employee contribution required under Section
2 14-133, plus (2) the additional employer contribution required
3 under Section 14-131, plus (3) interest on items (1) and (2) at
4 the actuarially assumed rate from the date of the service to
5 the date of payment.
6 (o) Subject to the limitation in subsection (i), a
7 conservation police officer, investigator for the Secretary of
8 State, Commerce Commission police officer, investigator for
9 the Department of Revenue or the Illinois Gaming Board, or
10 arson investigator subject to subsection (g) of Section 1-160
11 may elect to convert up to 8 years of service credit
12 established before January 1, 2020 (the effective date of
13 Public Act 101-610) as a conservation police officer,
14 investigator for the Secretary of State, Commerce Commission
15 police officer, investigator for the Department of Revenue or
16 the Illinois Gaming Board, or arson investigator under this
17 Article into eligible creditable service by filing a written
18 election with the Board no later than one year after January 1,
19 2020 (the effective date of Public Act 101-610), accompanied
20 by payment of an amount to be determined by the Board equal to
21 (i) the difference between the amount of the employee
22 contributions actually paid for that service and the amount of
23 the employee contributions that would have been paid had the
24 employee contributions been made as a noncovered employee
25 serving in a position in which eligible creditable service, as
26 defined in this Section, may be earned, plus (ii) interest
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1 thereon at the effective rate for each year, compounded
2 annually, from the date of service to the date of payment.
3 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
4 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.)
5 (Text of Section from P.A. 102-956)
6 Sec. 14-110. Alternative retirement annuity.
7 (a) Any member who has withdrawn from service with not
8 less than 20 years of eligible creditable service and has
9 attained age 55, and any member who has withdrawn from service
10 with not less than 25 years of eligible creditable service and
11 has attained age 50, regardless of whether the attainment of
12 either of the specified ages occurs while the member is still
13 in service, shall be entitled to receive at the option of the
14 member, in lieu of the regular or minimum retirement annuity,
15 a retirement annuity computed as follows:
16 (i) for periods of service as a noncovered employee:
17 if retirement occurs on or after January 1, 2001, 3% of
18 final average compensation for each year of creditable
19 service; if retirement occurs before January 1, 2001, 2
20 1/4% of final average compensation for each of the first
21 10 years of creditable service, 2 1/2% for each year above
22 10 years to and including 20 years of creditable service,
23 and 2 3/4% for each year of creditable service above 20
24 years; and
25 (ii) for periods of eligible creditable service as a
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1 covered employee: if retirement occurs on or after January
2 1, 2001, 2.5% of final average compensation for each year
3 of creditable service; if retirement occurs before January
4 1, 2001, 1.67% of final average compensation for each of
5 the first 10 years of such service, 1.90% for each of the
6 next 10 years of such service, 2.10% for each year of such
7 service in excess of 20 but not exceeding 30, and 2.30% for
8 each year in excess of 30.
9 Such annuity shall be subject to a maximum of 75% of final
10 average compensation if retirement occurs before January 1,
11 2001 or to a maximum of 80% of final average compensation if
12 retirement occurs on or after January 1, 2001.
13 These rates shall not be applicable to any service
14 performed by a member as a covered employee which is not
15 eligible creditable service. Service as a covered employee
16 which is not eligible creditable service shall be subject to
17 the rates and provisions of Section 14-108.
18 (b) For the purpose of this Section, "eligible creditable
19 service" means creditable service resulting from service in
20 one or more of the following positions:
21 (1) State policeman;
22 (2) fire fighter in the fire protection service of a
23 department;
24 (3) air pilot;
25 (4) special agent;
26 (5) investigator for the Secretary of State;
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1 (6) conservation police officer;
2 (7) investigator for the Department of Revenue or the
3 Illinois Gaming Board;
4 (8) security employee of the Department of Human
5 Services;
6 (9) Central Management Services security police
7 officer;
8 (10) security employee of the Department of
9 Corrections or the Department of Juvenile Justice;
10 (11) dangerous drugs investigator;
11 (12) investigator for the Illinois State Police;
12 (13) investigator for the Office of the Attorney
13 General;
14 (14) controlled substance inspector;
15 (15) investigator for the Office of the State's
16 Attorneys Appellate Prosecutor;
17 (16) Commerce Commission police officer;
18 (17) arson investigator;
19 (18) State highway maintenance worker;
20 (19) security employee of the Department of Innovation
21 and Technology; or
22 (20) transferred employee.
23 A person employed in one of the positions specified in
24 this subsection is entitled to eligible creditable service for
25 service credit earned under this Article while undergoing the
26 basic police training course approved by the Illinois Law
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1 Enforcement Training Standards Board, if completion of that
2 training is required of persons serving in that position. For
3 the purposes of this Code, service during the required basic
4 police training course shall be deemed performance of the
5 duties of the specified position, even though the person is
6 not a sworn peace officer at the time of the training.
7 A person under paragraph (20) is entitled to eligible
8 creditable service for service credit earned under this
9 Article on and after his or her transfer by Executive Order No.
10 2003-10, Executive Order No. 2004-2, or Executive Order No.
11 2016-1.
12 (c) For the purposes of this Section:
13 (1) The term "State policeman" includes any title or
14 position in the Illinois State Police that is held by an
15 individual employed under the Illinois State Police Act.
16 (2) The term "fire fighter in the fire protection
17 service of a department" includes all officers in such
18 fire protection service including fire chiefs and
19 assistant fire chiefs.
20 (3) The term "air pilot" includes any employee whose
21 official job description on file in the Department of
22 Central Management Services, or in the department by which
23 he is employed if that department is not covered by the
24 Personnel Code, states that his principal duty is the
25 operation of aircraft, and who possesses a pilot's
26 license; however, the change in this definition made by
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1 Public Act 83-842 shall not operate to exclude any
2 noncovered employee who was an "air pilot" for the
3 purposes of this Section on January 1, 1984.
4 (4) The term "special agent" means any person who by
5 reason of employment by the Division of Narcotic Control,
6 the Bureau of Investigation or, after July 1, 1977, the
7 Division of Criminal Investigation, the Division of
8 Internal Investigation, the Division of Operations, the
9 Division of Patrol Operations, or any other Division or
10 organizational entity in the Illinois State Police is
11 vested by law with duties to maintain public order,
12 investigate violations of the criminal law of this State,
13 enforce the laws of this State, make arrests and recover
14 property. The term "special agent" includes any title or
15 position in the Illinois State Police that is held by an
16 individual employed under the Illinois State Police Act.
17 (5) The term "investigator for the Secretary of State"
18 means any person employed by the Office of the Secretary
19 of State and vested with such investigative duties as
20 render him ineligible for coverage under the Social
21 Security Act by reason of Sections 218(d)(5)(A),
22 218(d)(8)(D) and 218(l)(1) of that Act.
23 A person who became employed as an investigator for
24 the Secretary of State between January 1, 1967 and
25 December 31, 1975, and who has served as such until
26 attainment of age 60, either continuously or with a single
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1 break in service of not more than 3 years duration, which
2 break terminated before January 1, 1976, shall be entitled
3 to have his retirement annuity calculated in accordance
4 with subsection (a), notwithstanding that he has less than
5 20 years of credit for such service.
6 (6) The term "Conservation Police Officer" means any
7 person employed by the Division of Law Enforcement of the
8 Department of Natural Resources and vested with such law
9 enforcement duties as render him ineligible for coverage
10 under the Social Security Act by reason of Sections
11 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
12 term "Conservation Police Officer" includes the positions
13 of Chief Conservation Police Administrator and Assistant
14 Conservation Police Administrator.
15 (7) The term "investigator for the Department of
16 Revenue" means any person employed by the Department of
17 Revenue and vested with such investigative duties as
18 render him ineligible for coverage under the Social
19 Security Act by reason of Sections 218(d)(5)(A),
20 218(d)(8)(D) and 218(l)(1) of that Act.
21 The term "investigator for the Illinois Gaming Board"
22 means any person employed as such by the Illinois Gaming
23 Board and vested with such peace officer duties as render
24 the person ineligible for coverage under the Social
25 Security Act by reason of Sections 218(d)(5)(A),
26 218(d)(8)(D), and 218(l)(1) of that Act.
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1 (8) The term "security employee of the Department of
2 Human Services" means any person employed by the
3 Department of Human Services who (i) is employed at the
4 Chester Mental Health Center and has daily contact with
5 the residents thereof, (ii) is employed within a security
6 unit at a facility operated by the Department and has
7 daily contact with the residents of the security unit,
8 (iii) is employed at a facility operated by the Department
9 that includes a security unit and is regularly scheduled
10 to work at least 50% of his or her working hours within
11 that security unit, or (iv) is a mental health police
12 officer. "Mental health police officer" means any person
13 employed by the Department of Human Services in a position
14 pertaining to the Department's mental health and
15 developmental disabilities functions who is vested with
16 such law enforcement duties as render the person
17 ineligible for coverage under the Social Security Act by
18 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
19 218(l)(1) of that Act. "Security unit" means that portion
20 of a facility that is devoted to the care, containment,
21 and treatment of persons committed to the Department of
22 Human Services as sexually violent persons, persons unfit
23 to stand trial, or persons not guilty by reason of
24 insanity. With respect to past employment, references to
25 the Department of Human Services include its predecessor,
26 the Department of Mental Health and Developmental
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1 Disabilities.
2 The changes made to this subdivision (c)(8) by Public
3 Act 92-14 apply to persons who retire on or after January
4 1, 2001, notwithstanding Section 1-103.1.
5 (9) "Central Management Services security police
6 officer" means any person employed by the Department of
7 Central Management Services who is vested with such law
8 enforcement duties as render him ineligible for coverage
9 under the Social Security Act by reason of Sections
10 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
11 (10) For a member who first became an employee under
12 this Article before July 1, 2005, the term "security
13 employee of the Department of Corrections or the
14 Department of Juvenile Justice" means any employee of the
15 Department of Corrections or the Department of Juvenile
16 Justice or the former Department of Personnel, and any
17 member or employee of the Prisoner Review Board, who has
18 daily contact with inmates or youth by working within a
19 correctional facility or Juvenile facility operated by the
20 Department of Juvenile Justice or who is a parole officer
21 or an employee who has direct contact with committed
22 persons in the performance of his or her job duties. For a
23 member who first becomes an employee under this Article on
24 or after July 1, 2005, the term means an employee of the
25 Department of Corrections or the Department of Juvenile
26 Justice who is any of the following: (i) officially
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1 headquartered at a correctional facility or Juvenile
2 facility operated by the Department of Juvenile Justice,
3 (ii) a parole officer, (iii) a member of the apprehension
4 unit, (iv) a member of the intelligence unit, (v) a member
5 of the sort team, or (vi) an investigator.
6 (11) The term "dangerous drugs investigator" means any
7 person who is employed as such by the Department of Human
8 Services.
9 (12) The term "investigator for the Illinois State
10 Police" means a person employed by the Illinois State
11 Police who is vested under Section 4 of the Narcotic
12 Control Division Abolition Act with such law enforcement
13 powers as render him ineligible for coverage under the
14 Social Security Act by reason of Sections 218(d)(5)(A),
15 218(d)(8)(D) and 218(l)(1) of that Act.
16 (13) "Investigator for the Office of the Attorney
17 General" means any person who is employed as such by the
18 Office of the Attorney General and is vested with such
19 investigative duties as render him ineligible for coverage
20 under the Social Security Act by reason of Sections
21 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
22 the period before January 1, 1989, the term includes all
23 persons who were employed as investigators by the Office
24 of the Attorney General, without regard to social security
25 status.
26 (14) "Controlled substance inspector" means any person
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1 who is employed as such by the Department of Professional
2 Regulation and is vested with such law enforcement duties
3 as render him ineligible for coverage under the Social
4 Security Act by reason of Sections 218(d)(5)(A),
5 218(d)(8)(D) and 218(l)(1) of that Act. The term
6 "controlled substance inspector" includes the Program
7 Executive of Enforcement and the Assistant Program
8 Executive of Enforcement.
9 (15) The term "investigator for the Office of the
10 State's Attorneys Appellate Prosecutor" means a person
11 employed in that capacity on a full-time basis under the
12 authority of Section 7.06 of the State's Attorneys
13 Appellate Prosecutor's Act.
14 (16) "Commerce Commission police officer" means any
15 person employed by the Illinois Commerce Commission who is
16 vested with such law enforcement duties as render him
17 ineligible for coverage under the Social Security Act by
18 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
19 218(l)(1) of that Act.
20 (17) "Arson investigator" means any person who is
21 employed as such by the Office of the State Fire Marshal
22 and is vested with such law enforcement duties as render
23 the person ineligible for coverage under the Social
24 Security Act by reason of Sections 218(d)(5)(A),
25 218(d)(8)(D), and 218(l)(1) of that Act. A person who was
26 employed as an arson investigator on January 1, 1995 and
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1 is no longer in service but not yet receiving a retirement
2 annuity may convert his or her creditable service for
3 employment as an arson investigator into eligible
4 creditable service by paying to the System the difference
5 between the employee contributions actually paid for that
6 service and the amounts that would have been contributed
7 if the applicant were contributing at the rate applicable
8 to persons with the same social security status earning
9 eligible creditable service on the date of application.
10 (18) The term "State highway maintenance worker" means
11 a person who is either of the following:
12 (i) A person employed on a full-time basis by the
13 Illinois Department of Transportation in the position
14 of highway maintainer, highway maintenance lead
15 worker, highway maintenance lead/lead worker, heavy
16 construction equipment operator, power shovel
17 operator, or bridge mechanic; and whose principal
18 responsibility is to perform, on the roadway, the
19 actual maintenance necessary to keep the highways that
20 form a part of the State highway system in serviceable
21 condition for vehicular traffic.
22 (ii) A person employed on a full-time basis by the
23 Illinois State Toll Highway Authority in the position
24 of equipment operator/laborer H-4, equipment
25 operator/laborer H-6, welder H-4, welder H-6,
26 mechanical/electrical H-4, mechanical/electrical H-6,
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1 water/sewer H-4, water/sewer H-6, sign maker/hanger
2 H-4, sign maker/hanger H-6, roadway lighting H-4,
3 roadway lighting H-6, structural H-4, structural H-6,
4 painter H-4, or painter H-6; and whose principal
5 responsibility is to perform, on the roadway, the
6 actual maintenance necessary to keep the Authority's
7 tollways in serviceable condition for vehicular
8 traffic.
9 (19) The term "security employee of the Department of
10 Innovation and Technology" means a person who was a
11 security employee of the Department of Corrections or the
12 Department of Juvenile Justice, was transferred to the
13 Department of Innovation and Technology pursuant to
14 Executive Order 2016-01, and continues to perform similar
15 job functions under that Department.
16 (20) "Transferred employee" means an employee who was
17 transferred to the Department of Central Management
18 Services by Executive Order No. 2003-10 or Executive Order
19 No. 2004-2 or transferred to the Department of Innovation
20 and Technology by Executive Order No. 2016-1, or both, and
21 was entitled to eligible creditable service for services
22 immediately preceding the transfer.
23 (d) A security employee of the Department of Corrections
24 or the Department of Juvenile Justice, a security employee of
25 the Department of Human Services who is not a mental health
26 police officer, and a security employee of the Department of
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1 Innovation and Technology shall not be eligible for the
2 alternative retirement annuity provided by this Section unless
3 he or she meets the following minimum age and service
4 requirements at the time of retirement:
5 (i) 25 years of eligible creditable service and age
6 55; or
7 (ii) beginning January 1, 1987, 25 years of eligible
8 creditable service and age 54, or 24 years of eligible
9 creditable service and age 55; or
10 (iii) beginning January 1, 1988, 25 years of eligible
11 creditable service and age 53, or 23 years of eligible
12 creditable service and age 55; or
13 (iv) beginning January 1, 1989, 25 years of eligible
14 creditable service and age 52, or 22 years of eligible
15 creditable service and age 55; or
16 (v) beginning January 1, 1990, 25 years of eligible
17 creditable service and age 51, or 21 years of eligible
18 creditable service and age 55; or
19 (vi) beginning January 1, 1991, 25 years of eligible
20 creditable service and age 50, or 20 years of eligible
21 creditable service and age 55.
22 Persons who have service credit under Article 16 of this
23 Code for service as a security employee of the Department of
24 Corrections or the Department of Juvenile Justice, or the
25 Department of Human Services in a position requiring
26 certification as a teacher may count such service toward
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1 establishing their eligibility under the service requirements
2 of this Section; but such service may be used only for
3 establishing such eligibility, and not for the purpose of
4 increasing or calculating any benefit.
5 (e) If a member enters military service while working in a
6 position in which eligible creditable service may be earned,
7 and returns to State service in the same or another such
8 position, and fulfills in all other respects the conditions
9 prescribed in this Article for credit for military service,
10 such military service shall be credited as eligible creditable
11 service for the purposes of the retirement annuity prescribed
12 in this Section.
13 (f) For purposes of calculating retirement annuities under
14 this Section, periods of service rendered after December 31,
15 1968 and before October 1, 1975 as a covered employee in the
16 position of special agent, conservation police officer, mental
17 health police officer, or investigator for the Secretary of
18 State, shall be deemed to have been service as a noncovered
19 employee, provided that the employee pays to the System prior
20 to retirement an amount equal to (1) the difference between
21 the employee contributions that would have been required for
22 such service as a noncovered employee, and the amount of
23 employee contributions actually paid, plus (2) if payment is
24 made after July 31, 1987, regular interest on the amount
25 specified in item (1) from the date of service to the date of
26 payment.
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1 For purposes of calculating retirement annuities under
2 this Section, periods of service rendered after December 31,
3 1968 and before January 1, 1982 as a covered employee in the
4 position of investigator for the Department of Revenue shall
5 be deemed to have been service as a noncovered employee,
6 provided that the employee pays to the System prior to
7 retirement an amount equal to (1) the difference between the
8 employee contributions that would have been required for such
9 service as a noncovered employee, and the amount of employee
10 contributions actually paid, plus (2) if payment is made after
11 January 1, 1990, regular interest on the amount specified in
12 item (1) from the date of service to the date of payment.
13 (g) A State policeman may elect, not later than January 1,
14 1990, to establish eligible creditable service for up to 10
15 years of his service as a policeman under Article 3, by filing
16 a written election with the Board, accompanied by payment of
17 an amount to be determined by the Board, equal to (i) the
18 difference between the amount of employee and employer
19 contributions transferred to the System under Section 3-110.5,
20 and the amounts that would have been contributed had such
21 contributions been made at the rates applicable to State
22 policemen, plus (ii) interest thereon at the effective rate
23 for each year, compounded annually, from the date of service
24 to the date of payment.
25 Subject to the limitation in subsection (i), a State
26 policeman may elect, not later than July 1, 1993, to establish
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1 eligible creditable service for up to 10 years of his service
2 as a member of the County Police Department under Article 9, by
3 filing a written election with the Board, accompanied by
4 payment of an amount to be determined by the Board, equal to
5 (i) the difference between the amount of employee and employer
6 contributions transferred to the System under Section 9-121.10
7 and the amounts that would have been contributed had those
8 contributions been made at the rates applicable to State
9 policemen, plus (ii) interest thereon at the effective rate
10 for each year, compounded annually, from the date of service
11 to the date of payment.
12 (h) Subject to the limitation in subsection (i), a State
13 policeman or investigator for the Secretary of State may elect
14 to establish eligible creditable service for up to 12 years of
15 his service as a policeman under Article 5, by filing a written
16 election with the Board on or before January 31, 1992, and
17 paying to the System by January 31, 1994 an amount to be
18 determined by the Board, equal to (i) the difference between
19 the amount of employee and employer contributions transferred
20 to the System under Section 5-236, and the amounts that would
21 have been contributed had such contributions been made at the
22 rates applicable to State policemen, plus (ii) interest
23 thereon at the effective rate for each year, compounded
24 annually, from the date of service to the date of payment.
25 Subject to the limitation in subsection (i), a State
26 policeman, conservation police officer, or investigator for
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1 the Secretary of State may elect to establish eligible
2 creditable service for up to 10 years of service as a sheriff's
3 law enforcement employee under Article 7, by filing a written
4 election with the Board on or before January 31, 1993, and
5 paying to the System by January 31, 1994 an amount to be
6 determined by the Board, equal to (i) the difference between
7 the amount of employee and employer contributions transferred
8 to the System under Section 7-139.7, and the amounts that
9 would have been contributed had such contributions been made
10 at the rates applicable to State policemen, plus (ii) interest
11 thereon at the effective rate for each year, compounded
12 annually, from the date of service to the date of payment.
13 Subject to the limitation in subsection (i), a State
14 policeman, conservation police officer, or investigator for
15 the Secretary of State may elect to establish eligible
16 creditable service for up to 5 years of service as a police
17 officer under Article 3, a policeman under Article 5, a
18 sheriff's law enforcement employee under Article 7, a member
19 of the county police department under Article 9, or a police
20 officer under Article 15 by filing a written election with the
21 Board and paying to the System an amount to be determined by
22 the Board, equal to (i) the difference between the amount of
23 employee and employer contributions transferred to the System
24 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
25 and the amounts that would have been contributed had such
26 contributions been made at the rates applicable to State
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1 policemen, plus (ii) interest thereon at the effective rate
2 for each year, compounded annually, from the date of service
3 to the date of payment.
4 Subject to the limitation in subsection (i), an
5 investigator for the Office of the Attorney General, or an
6 investigator for the Department of Revenue, may elect to
7 establish eligible creditable service for up to 5 years of
8 service as a police officer under Article 3, a policeman under
9 Article 5, a sheriff's law enforcement employee under Article
10 7, or a member of the county police department under Article 9
11 by filing a written election with the Board within 6 months
12 after August 25, 2009 (the effective date of Public Act
13 96-745) and paying to the System an amount to be determined by
14 the Board, equal to (i) the difference between the amount of
15 employee and employer contributions transferred to the System
16 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
17 amounts that would have been contributed had such
18 contributions been made at the rates applicable to State
19 policemen, plus (ii) interest thereon at the actuarially
20 assumed rate for each year, compounded annually, from the date
21 of service to the date of payment.
22 Subject to the limitation in subsection (i), a State
23 policeman, conservation police officer, investigator for the
24 Office of the Attorney General, an investigator for the
25 Department of Revenue, or investigator for the Secretary of
26 State may elect to establish eligible creditable service for
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1 up to 5 years of service as a person employed by a
2 participating municipality to perform police duties, or law
3 enforcement officer employed on a full-time basis by a forest
4 preserve district under Article 7, a county corrections
5 officer, or a court services officer under Article 9, by
6 filing a written election with the Board within 6 months after
7 August 25, 2009 (the effective date of Public Act 96-745) and
8 paying to the System an amount to be determined by the Board,
9 equal to (i) the difference between the amount of employee and
10 employer contributions transferred to the System under
11 Sections 7-139.8 and 9-121.10 and the amounts that would have
12 been contributed had such contributions been made at the rates
13 applicable to State policemen, plus (ii) interest thereon at
14 the actuarially assumed rate for each year, compounded
15 annually, from the date of service to the date of payment.
16 Subject to the limitation in subsection (i), a State
17 policeman, arson investigator, or Commerce Commission police
18 officer may elect to establish eligible creditable service for
19 up to 5 years of service as a person employed by a
20 participating municipality to perform police duties under
21 Article 7, a county corrections officer, a court services
22 officer under Article 9, or a firefighter under Article 4 by
23 filing a written election with the Board within 6 months after
24 July 30, 2021 (the effective date of Public Act 102-210) and
25 paying to the System an amount to be determined by the Board
26 equal to (i) the difference between the amount of employee and
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1 employer contributions transferred to the System under
2 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that
3 would have been contributed had such contributions been made
4 at the rates applicable to State policemen, plus (ii) interest
5 thereon at the actuarially assumed rate for each year,
6 compounded annually, from the date of service to the date of
7 payment.
8 Subject to the limitation in subsection (i), a
9 conservation police officer may elect to establish eligible
10 creditable service for up to 5 years of service as a person
11 employed by a participating municipality to perform police
12 duties under Article 7, a county corrections officer, or a
13 court services officer under Article 9 by filing a written
14 election with the Board within 6 months after July 30, 2021
15 (the effective date of Public Act 102-210) and paying to the
16 System an amount to be determined by the Board equal to (i) the
17 difference between the amount of employee and employer
18 contributions transferred to the System under Sections 7-139.8
19 and 9-121.10 and the amounts that would have been contributed
20 had such contributions been made at the rates applicable to
21 State policemen, plus (ii) interest thereon at the actuarially
22 assumed rate for each year, compounded annually, from the date
23 of service to the date of payment.
24 Notwithstanding the limitation in subsection (i), a State
25 policeman or conservation police officer may elect to convert
26 service credit earned under this Article to eligible
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1 creditable service, as defined by this Section, by filing a
2 written election with the board within 6 months after July 30,
3 2021 (the effective date of Public Act 102-210) and paying to
4 the System an amount to be determined by the Board equal to (i)
5 the difference between the amount of employee contributions
6 originally paid for that service and the amounts that would
7 have been contributed had such contributions been made at the
8 rates applicable to State policemen, plus (ii) the difference
9 between the employer's normal cost of the credit prior to the
10 conversion authorized by Public Act 102-210 and the employer's
11 normal cost of the credit converted in accordance with Public
12 Act 102-210, plus (iii) interest thereon at the actuarially
13 assumed rate for each year, compounded annually, from the date
14 of service to the date of payment.
15 (i) The total amount of eligible creditable service
16 established by any person under subsections (g), (h), (j),
17 (k), (l), (l-5), (o), and (p) of this Section shall not exceed
18 12 years.
19 (j) Subject to the limitation in subsection (i), an
20 investigator for the Office of the State's Attorneys Appellate
21 Prosecutor or a controlled substance inspector may elect to
22 establish eligible creditable service for up to 10 years of
23 his service as a policeman under Article 3 or a sheriff's law
24 enforcement employee under Article 7, by filing a written
25 election with the Board, accompanied by payment of an amount
26 to be determined by the Board, equal to (1) the difference
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1 between the amount of employee and employer contributions
2 transferred to the System under Section 3-110.6 or 7-139.8,
3 and the amounts that would have been contributed had such
4 contributions been made at the rates applicable to State
5 policemen, plus (2) interest thereon at the effective rate for
6 each year, compounded annually, from the date of service to
7 the date of payment.
8 (k) Subject to the limitation in subsection (i) of this
9 Section, an alternative formula employee may elect to
10 establish eligible creditable service for periods spent as a
11 full-time law enforcement officer or full-time corrections
12 officer employed by the federal government or by a state or
13 local government located outside of Illinois, for which credit
14 is not held in any other public employee pension fund or
15 retirement system. To obtain this credit, the applicant must
16 file a written application with the Board by March 31, 1998,
17 accompanied by evidence of eligibility acceptable to the Board
18 and payment of an amount to be determined by the Board, equal
19 to (1) employee contributions for the credit being
20 established, based upon the applicant's salary on the first
21 day as an alternative formula employee after the employment
22 for which credit is being established and the rates then
23 applicable to alternative formula employees, plus (2) an
24 amount determined by the Board to be the employer's normal
25 cost of the benefits accrued for the credit being established,
26 plus (3) regular interest on the amounts in items (1) and (2)
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1 from the first day as an alternative formula employee after
2 the employment for which credit is being established to the
3 date of payment.
4 (l) Subject to the limitation in subsection (i), a
5 security employee of the Department of Corrections may elect,
6 not later than July 1, 1998, to establish eligible creditable
7 service for up to 10 years of his or her service as a policeman
8 under Article 3, by filing a written election with the Board,
9 accompanied by payment of an amount to be determined by the
10 Board, equal to (i) the difference between the amount of
11 employee and employer contributions transferred to the System
12 under Section 3-110.5, and the amounts that would have been
13 contributed had such contributions been made at the rates
14 applicable to security employees of the Department of
15 Corrections, plus (ii) interest thereon at the effective rate
16 for each year, compounded annually, from the date of service
17 to the date of payment.
18 (l-5) Subject to the limitation in subsection (i) of this
19 Section, a State policeman may elect to establish eligible
20 creditable service for up to 5 years of service as a full-time
21 law enforcement officer employed by the federal government or
22 by a state or local government located outside of Illinois for
23 which credit is not held in any other public employee pension
24 fund or retirement system. To obtain this credit, the
25 applicant must file a written application with the Board no
26 later than 3 years after January 1, 2020 (the effective date of
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1 Public Act 101-610), accompanied by evidence of eligibility
2 acceptable to the Board and payment of an amount to be
3 determined by the Board, equal to (1) employee contributions
4 for the credit being established, based upon the applicant's
5 salary on the first day as an alternative formula employee
6 after the employment for which credit is being established and
7 the rates then applicable to alternative formula employees,
8 plus (2) an amount determined by the Board to be the employer's
9 normal cost of the benefits accrued for the credit being
10 established, plus (3) regular interest on the amounts in items
11 (1) and (2) from the first day as an alternative formula
12 employee after the employment for which credit is being
13 established to the date of payment.
14 (m) The amendatory changes to this Section made by Public
15 Act 94-696 apply only to: (1) security employees of the
16 Department of Juvenile Justice employed by the Department of
17 Corrections before June 1, 2006 (the effective date of Public
18 Act 94-696) and transferred to the Department of Juvenile
19 Justice by Public Act 94-696; and (2) persons employed by the
20 Department of Juvenile Justice on or after June 1, 2006 (the
21 effective date of Public Act 94-696) who are required by
22 subsection (b) of Section 3-2.5-15 of the Unified Code of
23 Corrections to have any bachelor's or advanced degree from an
24 accredited college or university or, in the case of persons
25 who provide vocational training, who are required to have
26 adequate knowledge in the skill for which they are providing
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1 the vocational training.
2 (n) A person employed in a position under subsection (b)
3 of this Section who has purchased service credit under
4 subsection (j) of Section 14-104 or subsection (b) of Section
5 14-105 in any other capacity under this Article may convert up
6 to 5 years of that service credit into service credit covered
7 under this Section by paying to the Fund an amount equal to (1)
8 the additional employee contribution required under Section
9 14-133, plus (2) the additional employer contribution required
10 under Section 14-131, plus (3) interest on items (1) and (2) at
11 the actuarially assumed rate from the date of the service to
12 the date of payment.
13 (o) Subject to the limitation in subsection (i), a
14 conservation police officer, investigator for the Secretary of
15 State, Commerce Commission police officer, investigator for
16 the Department of Revenue or the Illinois Gaming Board, or
17 arson investigator subject to subsection (g) of Section 1-160
18 may elect to convert up to 8 years of service credit
19 established before January 1, 2020 (the effective date of
20 Public Act 101-610) as a conservation police officer,
21 investigator for the Secretary of State, Commerce Commission
22 police officer, investigator for the Department of Revenue or
23 the Illinois Gaming Board, or arson investigator under this
24 Article into eligible creditable service by filing a written
25 election with the Board no later than one year after January 1,
26 2020 (the effective date of Public Act 101-610), accompanied
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1 by payment of an amount to be determined by the Board equal to
2 (i) the difference between the amount of the employee
3 contributions actually paid for that service and the amount of
4 the employee contributions that would have been paid had the
5 employee contributions been made as a noncovered employee
6 serving in a position in which eligible creditable service, as
7 defined in this Section, may be earned, plus (ii) interest
8 thereon at the effective rate for each year, compounded
9 annually, from the date of service to the date of payment.
10 (p) Subject to the limitation in subsection (i), an
11 investigator for the Office of the Attorney General subject to
12 subsection (g) of Section 1-160 may elect to convert up to 8
13 years of service credit established before the effective date
14 of this amendatory Act of the 102nd General Assembly as an
15 investigator for the Office of the Attorney General under this
16 Article into eligible creditable service by filing a written
17 election with the Board no later than one year after the
18 effective date of this amendatory Act of the 102nd General
19 Assembly, accompanied by payment of an amount to be determined
20 by the Board equal to (i) the difference between the amount of
21 the employee contributions actually paid for that service and
22 the amount of the employee contributions that would have been
23 paid had the employee contributions been made as a noncovered
24 employee serving in a position in which eligible creditable
25 service, as defined in this Section, may be earned, plus (ii)
26 interest thereon at the effective rate for each year,
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1 compounded annually, from the date of service to the date of
2 payment.
3 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
4 102-538, eff. 8-20-21; 102-956, eff. 5-27-22.)
5 Section 45. The Intergovernmental Missing Child Recovery
6 Act of 1984 is amended by changing Section 6 as follows:
7 (325 ILCS 40/6) (from Ch. 23, par. 2256)
8 Sec. 6. The Illinois State Police shall:
9 (a) Utilize the statewide Law Enforcement Agencies Data
10 System (LEADS) for the purpose of effecting an immediate law
11 enforcement response to reports of missing children. The
12 Illinois State Police shall implement an automated data
13 exchange system to compile, to maintain and to make available
14 for dissemination to Illinois and out-of-State law enforcement
15 agencies, data which can assist appropriate agencies in
16 recovering missing children.
17 (b) Establish contacts and exchange information regarding
18 lost, missing or runaway children with nationally recognized
19 "missing person and runaway" service organizations and monitor
20 national research and publicize important developments.
21 (c) Provide a uniform reporting format for the entry of
22 pertinent information regarding reports of missing children
23 into LEADS.
24 (d) Develop and implement a policy whereby a statewide or
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1 regional alert would be used in situations relating to the
2 disappearances of children, based on criteria and in a format
3 established by the Illinois State Police. Such a format shall
4 include, but not be limited to, the age and physical
5 description of the missing child and the suspected
6 circumstances of the disappearance.
7 (e) Notify all law enforcement agencies that reports of
8 missing persons shall be entered as soon as the minimum level
9 of data specified by the Illinois State Police is available to
10 the reporting agency and that no waiting period for entry of
11 such data exists.
12 (f) Provide a procedure for prompt confirmation of the
13 receipt and entry of the missing child report into LEADS to the
14 parent or guardian of the missing child.
15 (g) Compile and retain information regarding missing
16 children in a separate data file, in a manner that allows such
17 information to be used by law enforcement and other agencies
18 deemed appropriate by the Director, for investigative
19 purposes. Such files shall be updated to reflect and include
20 information relating to the disposition of the case.
21 (h) Compile and maintain an historic data repository
22 relating to missing children in order (1) to develop and
23 improve techniques utilized by law enforcement agencies when
24 responding to reports of missing children and (2) to provide a
25 factual and statistical base for research that would address
26 the problem of missing children.
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1 (i) Create a quality control program to assess the monitor
2 timeliness of entries of missing children reports into LEADS
3 and conduct performance audits of all entering agencies.
4 (j) Prepare a periodic information bulletin concerning
5 missing children who it determines may be present in this
6 State, compiling such bulletin from information contained in
7 both the National Crime Information Center computer and from
8 reports, alerts and other information entered into LEADS or
9 otherwise compiled and retained by the Illinois State Police
10 pursuant to this Act. The bulletin shall indicate the name,
11 age, physical description, suspected circumstances of
12 disappearance if that information is available, a photograph
13 if one is available, the name of the law enforcement agency
14 investigating the case, and such other information as the
15 Director considers appropriate concerning each missing child
16 who the Illinois State Police determines may be present in
17 this State. The Illinois State Police shall send a copy of each
18 periodic information bulletin to the State Board of Education
19 for its use in accordance with Section 2-3.48 of the School
20 Code. The Illinois State Police shall provide a copy of the
21 bulletin, upon request, to law enforcement agencies of this or
22 any other state or of the federal government, and may provide a
23 copy of the bulletin, upon request, to other persons or
24 entities, if deemed appropriate by the Director, and may
25 establish limitations on its use and a reasonable fee for so
26 providing the same, except that no fee shall be charged for
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1 providing the periodic information bulletin to the State Board
2 of Education, appropriate units of local government, State
3 agencies, or law enforcement agencies of this or any other
4 state or of the federal government.
5 (k) Provide for the entry into LEADS of the names and
6 addresses of sex offenders as defined in the Sex Offender
7 Registration Act who are required to register under that Act.
8 The information shall be immediately accessible to law
9 enforcement agencies and peace officers of this State or any
10 other state or of the federal government. Similar information
11 may be requested from any other state or of the federal
12 government for purposes of this Act.
13 (l) Provide for the entry into LEADS of the names and
14 addresses of violent offenders against youth as defined in the
15 Murderer and Violent Offender Against Youth Registration Act
16 who are required to register under that Act. The information
17 shall be immediately accessible to law enforcement agencies
18 and peace officers of this State or any other state or of the
19 federal government. Similar information may be requested from
20 any other state or of the federal government for purposes of
21 this Act.
22 (Source: P.A. 102-538, eff. 8-20-21.)
23 Section 50. The Sex Offender Registration Act is amended
24 by changing Section 11 as follows:
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1 (730 ILCS 150/11)
2 Sec. 11. Offender Registration Fund. There is created the
3 Offender Registration Fund (formerly known as the Sex Offender
4 Registration Fund). Moneys in the Fund shall be used to cover
5 costs incurred by the criminal justice system to administer
6 this Article and the Murderer and Violent Offender Against
7 Youth Registration Act, and for purposes as authorized under
8 this Section 5-9-1.15 of the Unified Code of Corrections. The
9 Illinois State Police shall establish and promulgate rules and
10 procedures regarding the administration of this Fund. Fifty
11 percent of the moneys in the Fund shall be allocated by the
12 Department for sheriffs' offices and police departments. The
13 remaining moneys in the Fund received under this amendatory
14 Act of the 101st General Assembly shall be allocated to the
15 Illinois State Police for education and administration of the
16 Act.
17 Notwithstanding any other provision of law, in addition to
18 any other transfers that may be provided by law, on the
19 effective date of this amendatory Act of the 103rd General
20 Assembly, or as soon thereafter as practical, the State
21 Comptroller shall direct and the State Treasurer shall
22 transfer the remaining balance from the Sex Offender
23 Investigation Fund to the Offender Registration Fund. Upon
24 completion of the transfers, the Sex Offender Investigation
25 Fund is dissolved, and any future deposits into the Sex
26 Offender Investigation Fund and any outstanding obligations or
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1 liabilities of the Sex Offender Investigation Fund pass to the
2 Offender Registration Fund.
3 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
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