33 | | - | to known or suspected cases of sexually transmissible |
---|
34 | | - | disease or any information the disclosure of which is |
---|
35 | | - | restricted under the Illinois Sexually Transmissible |
---|
36 | | - | Disease Control Act. |
---|
37 | | - | (e) Information the disclosure of which is exempted |
---|
38 | | - | under Section 30 of the Radon Industry Licensing Act. |
---|
39 | | - | (f) Firm performance evaluations under Section 55 of |
---|
40 | | - | the Architectural, Engineering, and Land Surveying |
---|
41 | | - | Qualifications Based Selection Act. |
---|
42 | | - | (g) Information the disclosure of which is restricted |
---|
43 | | - | and exempted under Section 50 of the Illinois Prepaid |
---|
44 | | - | Tuition Act. |
---|
45 | | - | (h) Information the disclosure of which is exempted |
---|
46 | | - | under the State Officials and Employees Ethics Act, and |
---|
47 | | - | records of any lawfully created State or local inspector |
---|
48 | | - | general's office that would be exempt if created or |
---|
49 | | - | obtained by an Executive Inspector General's office under |
---|
50 | | - | that Act. |
---|
51 | | - | (i) Information contained in a local emergency energy |
---|
52 | | - | plan submitted to a municipality in accordance with a |
---|
53 | | - | local emergency energy plan ordinance that is adopted |
---|
54 | | - | under Section 11-21.5-5 of the Illinois Municipal Code. |
---|
55 | | - | (j) Information and data concerning the distribution |
---|
56 | | - | of surcharge moneys collected and remitted by carriers |
---|
57 | | - | under the Emergency Telephone System Act. |
---|
58 | | - | (k) Law enforcement officer identification information |
---|
59 | | - | |
---|
60 | | - | |
---|
61 | | - | or driver identification information compiled by a law |
---|
62 | | - | enforcement agency or the Department of Transportation |
---|
63 | | - | under Section 11-212 of the Illinois Vehicle Code. |
---|
64 | | - | (l) Records and information provided to a residential |
---|
65 | | - | health care facility resident sexual assault and death |
---|
66 | | - | review team or the Executive Council under the Abuse |
---|
67 | | - | Prevention Review Team Act. |
---|
68 | | - | (m) Information provided to the predatory lending |
---|
69 | | - | database created pursuant to Article 3 of the Residential |
---|
70 | | - | Real Property Disclosure Act, except to the extent |
---|
71 | | - | authorized under that Article. |
---|
72 | | - | (n) Defense budgets and petitions for certification of |
---|
73 | | - | compensation and expenses for court appointed trial |
---|
74 | | - | counsel as provided under Sections 10 and 15 of the |
---|
75 | | - | Capital Crimes Litigation Act. This subsection (n) shall |
---|
76 | | - | apply until the conclusion of the trial of the case, even |
---|
77 | | - | if the prosecution chooses not to pursue the death penalty |
---|
78 | | - | prior to trial or sentencing. |
---|
79 | | - | (o) Information that is prohibited from being |
---|
80 | | - | disclosed under Section 4 of the Illinois Health and |
---|
81 | | - | Hazardous Substances Registry Act. |
---|
82 | | - | (p) Security portions of system safety program plans, |
---|
83 | | - | investigation reports, surveys, schedules, lists, data, or |
---|
84 | | - | information compiled, collected, or prepared by or for the |
---|
85 | | - | Department of Transportation under Sections 2705-300 and |
---|
86 | | - | 2705-616 of the Department of Transportation Law of the |
---|
87 | | - | |
---|
88 | | - | |
---|
89 | | - | Civil Administrative Code of Illinois, the Regional |
---|
90 | | - | Transportation Authority under Section 2.11 of the |
---|
91 | | - | Regional Transportation Authority Act, or the St. Clair |
---|
92 | | - | County Transit District under the Bi-State Transit Safety |
---|
93 | | - | Act. |
---|
94 | | - | (q) Information prohibited from being disclosed by the |
---|
95 | | - | Personnel Record Review Act. |
---|
96 | | - | (r) Information prohibited from being disclosed by the |
---|
97 | | - | Illinois School Student Records Act. |
---|
98 | | - | (s) Information the disclosure of which is restricted |
---|
99 | | - | under Section 5-108 of the Public Utilities Act. |
---|
100 | | - | (t) All identified or deidentified health information |
---|
101 | | - | in the form of health data or medical records contained |
---|
102 | | - | in, stored in, submitted to, transferred by, or released |
---|
103 | | - | from the Illinois Health Information Exchange, and |
---|
104 | | - | identified or deidentified health information in the form |
---|
105 | | - | of health data and medical records of the Illinois Health |
---|
106 | | - | Information Exchange in the possession of the Illinois |
---|
107 | | - | Health Information Exchange Office due to its |
---|
108 | | - | administration of the Illinois Health Information |
---|
109 | | - | Exchange. The terms "identified" and "deidentified" shall |
---|
110 | | - | be given the same meaning as in the Health Insurance |
---|
111 | | - | Portability and Accountability Act of 1996, Public Law |
---|
112 | | - | 104-191, or any subsequent amendments thereto, and any |
---|
113 | | - | regulations promulgated thereunder. |
---|
114 | | - | (u) Records and information provided to an independent |
---|
115 | | - | |
---|
116 | | - | |
---|
117 | | - | team of experts under the Developmental Disability and |
---|
118 | | - | Mental Health Safety Act (also known as Brian's Law). |
---|
119 | | - | (v) Names and information of people who have applied |
---|
120 | | - | for or received Firearm Owner's Identification Cards under |
---|
121 | | - | the Firearm Owners Identification Card Act or applied for |
---|
122 | | - | or received a concealed carry license under the Firearm |
---|
123 | | - | Concealed Carry Act, unless otherwise authorized by the |
---|
124 | | - | Firearm Concealed Carry Act; and databases under the |
---|
125 | | - | Firearm Concealed Carry Act, records of the Concealed |
---|
126 | | - | Carry Licensing Review Board under the Firearm Concealed |
---|
127 | | - | Carry Act, and law enforcement agency objections under the |
---|
128 | | - | Firearm Concealed Carry Act. |
---|
129 | | - | (v-5) Records of the Firearm Owner's Identification |
---|
130 | | - | Card Review Board that are exempted from disclosure under |
---|
131 | | - | Section 10 of the Firearm Owners Identification Card Act. |
---|
132 | | - | (w) Personally identifiable information which is |
---|
133 | | - | exempted from disclosure under subsection (g) of Section |
---|
134 | | - | 19.1 of the Toll Highway Act. |
---|
135 | | - | (x) Information which is exempted from disclosure |
---|
136 | | - | under Section 5-1014.3 of the Counties Code or Section |
---|
137 | | - | 8-11-21 of the Illinois Municipal Code. |
---|
138 | | - | (y) Confidential information under the Adult |
---|
139 | | - | Protective Services Act and its predecessor enabling |
---|
140 | | - | statute, the Elder Abuse and Neglect Act, including |
---|
141 | | - | information about the identity and administrative finding |
---|
142 | | - | against any caregiver of a verified and substantiated |
---|
143 | | - | |
---|
144 | | - | |
---|
145 | | - | decision of abuse, neglect, or financial exploitation of |
---|
146 | | - | an eligible adult maintained in the Registry established |
---|
147 | | - | under Section 7.5 of the Adult Protective Services Act. |
---|
148 | | - | (z) Records and information provided to a fatality |
---|
149 | | - | review team or the Illinois Fatality Review Team Advisory |
---|
150 | | - | Council under Section 15 of the Adult Protective Services |
---|
151 | | - | Act. |
---|
152 | | - | (aa) Information which is exempted from disclosure |
---|
153 | | - | under Section 2.37 of the Wildlife Code. |
---|
154 | | - | (bb) Information which is or was prohibited from |
---|
155 | | - | disclosure by the Juvenile Court Act of 1987. |
---|
156 | | - | (cc) Recordings made under the Law Enforcement |
---|
157 | | - | Officer-Worn Body Camera Act, except to the extent |
---|
158 | | - | authorized under that Act. |
---|
159 | | - | (dd) Information that is prohibited from being |
---|
160 | | - | disclosed under Section 45 of the Condominium and Common |
---|
161 | | - | Interest Community Ombudsperson Act. |
---|
162 | | - | (ee) Information that is exempted from disclosure |
---|
163 | | - | under Section 30.1 of the Pharmacy Practice Act. |
---|
164 | | - | (ff) Information that is exempted from disclosure |
---|
165 | | - | under the Revised Uniform Unclaimed Property Act. |
---|
166 | | - | (gg) Information that is prohibited from being |
---|
167 | | - | disclosed under Section 7-603.5 of the Illinois Vehicle |
---|
168 | | - | Code. |
---|
169 | | - | (hh) Records that are exempt from disclosure under |
---|
170 | | - | Section 1A-16.7 of the Election Code. |
---|
171 | | - | |
---|
172 | | - | |
---|
173 | | - | (ii) Information which is exempted from disclosure |
---|
174 | | - | under Section 2505-800 of the Department of Revenue Law of |
---|
175 | | - | the Civil Administrative Code of Illinois. |
---|
176 | | - | (jj) Information and reports that are required to be |
---|
177 | | - | submitted to the Department of Labor by registering day |
---|
178 | | - | and temporary labor service agencies but are exempt from |
---|
179 | | - | disclosure under subsection (a-1) of Section 45 of the Day |
---|
180 | | - | and Temporary Labor Services Act. |
---|
181 | | - | (kk) Information prohibited from disclosure under the |
---|
182 | | - | Seizure and Forfeiture Reporting Act. |
---|
183 | | - | (ll) Information the disclosure of which is restricted |
---|
184 | | - | and exempted under Section 5-30.8 of the Illinois Public |
---|
185 | | - | Aid Code. |
---|
186 | | - | (mm) Records that are exempt from disclosure under |
---|
187 | | - | Section 4.2 of the Crime Victims Compensation Act. |
---|
188 | | - | (nn) Information that is exempt from disclosure under |
---|
189 | | - | Section 70 of the Higher Education Student Assistance Act. |
---|
190 | | - | (oo) Communications, notes, records, and reports |
---|
191 | | - | arising out of a peer support counseling session |
---|
192 | | - | prohibited from disclosure under the First Responders |
---|
193 | | - | Suicide Prevention Act. |
---|
194 | | - | (pp) Names and all identifying information relating to |
---|
195 | | - | an employee of an emergency services provider or law |
---|
196 | | - | enforcement agency under the First Responders Suicide |
---|
197 | | - | Prevention Act. |
---|
198 | | - | (qq) Information and records held by the Department of |
---|
199 | | - | |
---|
200 | | - | |
---|
201 | | - | Public Health and its authorized representatives collected |
---|
202 | | - | under the Reproductive Health Act. |
---|
203 | | - | (rr) Information that is exempt from disclosure under |
---|
204 | | - | the Cannabis Regulation and Tax Act. |
---|
205 | | - | (ss) Data reported by an employer to the Department of |
---|
206 | | - | Human Rights pursuant to Section 2-108 of the Illinois |
---|
207 | | - | Human Rights Act. |
---|
208 | | - | (tt) Recordings made under the Children's Advocacy |
---|
209 | | - | Center Act, except to the extent authorized under that |
---|
210 | | - | Act. |
---|
211 | | - | (uu) Information that is exempt from disclosure under |
---|
212 | | - | Section 50 of the Sexual Assault Evidence Submission Act. |
---|
213 | | - | (vv) Information that is exempt from disclosure under |
---|
214 | | - | subsections (f) and (j) of Section 5-36 of the Illinois |
---|
215 | | - | Public Aid Code. |
---|
216 | | - | (ww) Information that is exempt from disclosure under |
---|
217 | | - | Section 16.8 of the State Treasurer Act. |
---|
218 | | - | (xx) Information that is exempt from disclosure or |
---|
219 | | - | information that shall not be made public under the |
---|
220 | | - | Illinois Insurance Code. |
---|
221 | | - | (yy) Information prohibited from being disclosed under |
---|
222 | | - | the Illinois Educational Labor Relations Act. |
---|
223 | | - | (zz) Information prohibited from being disclosed under |
---|
224 | | - | the Illinois Public Labor Relations Act. |
---|
225 | | - | (aaa) Information prohibited from being disclosed |
---|
226 | | - | under Section 1-167 of the Illinois Pension Code. |
---|
227 | | - | |
---|
228 | | - | |
---|
229 | | - | (bbb) Information that is prohibited from disclosure |
---|
230 | | - | by the Illinois Police Training Act and the Illinois State |
---|
231 | | - | Police Act. |
---|
232 | | - | (ccc) Records exempt from disclosure under Section |
---|
233 | | - | 2605-304 of the Illinois State Police Law of the Civil |
---|
234 | | - | Administrative Code of Illinois. |
---|
235 | | - | (ddd) Information prohibited from being disclosed |
---|
236 | | - | under Section 35 of the Address Confidentiality for |
---|
237 | | - | Victims of Domestic Violence, Sexual Assault, Human |
---|
238 | | - | Trafficking, or Stalking Act. |
---|
239 | | - | (eee) Information prohibited from being disclosed |
---|
240 | | - | under subsection (b) of Section 75 of the Domestic |
---|
241 | | - | Violence Fatality Review Act. |
---|
242 | | - | (fff) Images from cameras under the Expressway Camera |
---|
243 | | - | Act. This subsection (fff) is inoperative on and after |
---|
244 | | - | July 1, 2025 2023. |
---|
245 | | - | (ggg) Information prohibited from disclosure under |
---|
246 | | - | paragraph (3) of subsection (a) of Section 14 of the Nurse |
---|
247 | | - | Agency Licensing Act. |
---|
248 | | - | (hhh) Information submitted to the Illinois Department |
---|
249 | | - | of State Police in an affidavit or application for an |
---|
250 | | - | assault weapon endorsement, assault weapon attachment |
---|
251 | | - | endorsement, .50 caliber rifle endorsement, or .50 caliber |
---|
252 | | - | cartridge endorsement under the Firearm Owners |
---|
253 | | - | Identification Card Act. |
---|
254 | | - | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
---|
255 | | - | |
---|
256 | | - | |
---|
257 | | - | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
---|
258 | | - | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
---|
259 | | - | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
---|
260 | | - | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
---|
261 | | - | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
---|
262 | | - | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
---|
263 | | - | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. |
---|
264 | | - | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised |
---|
265 | | - | 2-13-23.) |
---|
266 | | - | Section 5. The Gun Trafficking Information Act is amended |
---|
267 | | - | by changing Section 10-5 as follows: |
---|
268 | | - | (5 ILCS 830/10-5) |
---|
269 | | - | Sec. 10-5. Gun trafficking information. |
---|
270 | | - | (a) The Illinois State Police shall use all reasonable |
---|
271 | | - | efforts, as allowed by State law and regulations, federal law |
---|
272 | | - | and regulations, and executed Memoranda of Understanding |
---|
273 | | - | between Illinois law enforcement agencies and the U.S. Bureau |
---|
274 | | - | of Alcohol, Tobacco, Firearms and Explosives, in making |
---|
275 | | - | publicly available, on a regular and ongoing basis, key |
---|
276 | | - | information related to firearms used in the commission of |
---|
277 | | - | crimes in this State, including, but not limited to: reports |
---|
278 | | - | on crimes committed with firearms, locations where the crimes |
---|
279 | | - | occurred, the number of persons killed or injured in the |
---|
280 | | - | commission of the crimes, the state where the firearms used |
---|
281 | | - | |
---|
282 | | - | |
---|
283 | | - | originated, the Federal Firearms Licensee that sold the |
---|
284 | | - | firearm, the type of firearms used, if known, annual |
---|
285 | | - | statistical information concerning Firearm Owner's |
---|
286 | | - | Identification Card and concealed carry license applications, |
---|
287 | | - | revocations, and compliance with Section 9.5 of the Firearm |
---|
288 | | - | Owners Identification Card Act, the information required in |
---|
289 | | - | the report or on the Illinois State Police's website under |
---|
290 | | - | Section 85 of the Firearms Restraining Order Act firearm |
---|
291 | | - | restraining order dispositions, and firearm dealer license |
---|
292 | | - | certification inspections. The Illinois State Police shall |
---|
293 | | - | make the information available on its website, which may be |
---|
294 | | - | presented in a dashboard format, in addition to electronically |
---|
295 | | - | filing a report with the Governor and the General Assembly. |
---|
296 | | - | The report to the General Assembly shall be filed with the |
---|
297 | | - | Clerk of the House of Representatives and the Secretary of the |
---|
298 | | - | Senate in electronic form only, in the manner that the Clerk |
---|
299 | | - | and the Secretary shall direct. |
---|
300 | | - | (b) The Illinois State Police shall study, on a regular |
---|
301 | | - | and ongoing basis, and compile reports on the number of |
---|
302 | | - | Firearm Owner's Identification Card checks to determine |
---|
303 | | - | firearms trafficking or straw purchase patterns. The Illinois |
---|
304 | | - | State Police shall, to the extent not inconsistent with law, |
---|
305 | | - | share such reports and underlying data with academic centers, |
---|
306 | | - | foundations, and law enforcement agencies studying firearms |
---|
307 | | - | trafficking, provided that personally identifying information |
---|
308 | | - | is protected. For purposes of this subsection (b), a Firearm |
---|
309 | | - | |
---|
310 | | - | |
---|
311 | | - | Owner's Identification Card number is not personally |
---|
312 | | - | identifying information, provided that no other personal |
---|
313 | | - | information of the card holder is attached to the record. The |
---|
314 | | - | Illinois State Police may create and attach an alternate |
---|
315 | | - | unique identifying number to each Firearm Owner's |
---|
316 | | - | Identification Card number, instead of releasing the Firearm |
---|
317 | | - | Owner's Identification Card number itself. |
---|
318 | | - | (c) Each department, office, division, and agency of this |
---|
319 | | - | State shall, to the extent not inconsistent with law, |
---|
320 | | - | cooperate fully with the Illinois State Police and furnish the |
---|
321 | | - | Illinois State Police with all relevant information and |
---|
322 | | - | assistance on a timely basis as is necessary to accomplish the |
---|
323 | | - | purpose of this Act. The Illinois Criminal Justice Information |
---|
324 | | - | Authority shall submit the information required in subsection |
---|
325 | | - | (a) of this Section to the Illinois State Police, and any other |
---|
326 | | - | information as the Illinois State Police may request, to |
---|
327 | | - | assist the Illinois State Police in carrying out its duties |
---|
328 | | - | under this Act. |
---|
329 | | - | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
---|
330 | | - | 102-813, eff. 5-13-22.) |
---|
331 | | - | Section 10. The Illinois State Police Law of the Civil |
---|
332 | | - | Administrative Code of Illinois is amended by changing |
---|
333 | | - | Sections 2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, |
---|
334 | | - | 2605-51, 2605-52, 2605-200, and 2605-615 as follows: |
---|
335 | | - | |
---|
336 | | - | |
---|
337 | | - | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part) |
---|
338 | | - | Sec. 2605-10. Powers and duties, generally. |
---|
339 | | - | (a) The Illinois State Police shall exercise the rights, |
---|
340 | | - | powers, and duties that have been vested in the Illinois State |
---|
341 | | - | Police by the following: |
---|
342 | | - | The Illinois State Police Act. |
---|
343 | | - | The Illinois State Police Radio Act. |
---|
344 | | - | The Criminal Identification Act. |
---|
345 | | - | The Illinois Vehicle Code. |
---|
346 | | - | The Firearm Owners Identification Card Act. |
---|
347 | | - | The Firearm Concealed Carry Act. |
---|
348 | | - | The Firearm Dealer License Certification Act Gun Dealer |
---|
349 | | - | Licensing Act. |
---|
350 | | - | The Intergovernmental Missing Child Recovery Act of 1984. |
---|
351 | | - | The Intergovernmental Drug Laws Enforcement Act. |
---|
352 | | - | The Narcotic Control Division Abolition Act. |
---|
353 | | - | The Illinois Uniform Conviction Information Act. |
---|
354 | | - | The Murderer and Violent Offender Against Youth |
---|
355 | | - | Registration Act. |
---|
356 | | - | (b) The Illinois State Police shall have the powers and |
---|
357 | | - | duties set forth in the following Sections. |
---|
358 | | - | (c) The Illinois State Police shall exercise the rights, |
---|
359 | | - | powers, and duties vested in the Illinois State Police to |
---|
360 | | - | implement the following protective service functions for State |
---|
361 | | - | facilities, State officials, and State employees serving in |
---|
362 | | - | their official capacity: |
---|
363 | | - | |
---|
364 | | - | |
---|
365 | | - | (1) Utilize subject matter expertise and law |
---|
366 | | - | enforcement authority to strengthen the protection of |
---|
367 | | - | State government facilities, State employees, State |
---|
368 | | - | officials, and State critical infrastructure. |
---|
369 | | - | (2) Coordinate State, federal, and local law |
---|
370 | | - | enforcement activities involving the protection of State |
---|
371 | | - | facilities, officials and employees. |
---|
372 | | - | (3) Conduct investigations of criminal threats to |
---|
373 | | - | State facilities, State critical infrastructure, State |
---|
374 | | - | officials and State employees. |
---|
375 | | - | (4) Train State officials and employees in personal |
---|
376 | | - | protection, crime prevention, facility occupant emergency |
---|
377 | | - | planning, and incident management. |
---|
378 | | - | (5) Establish standard protocols for prevention and |
---|
379 | | - | response to criminal threats to State facilities, State |
---|
380 | | - | officials, State employees, State critical infrastructure, |
---|
381 | | - | and standard protocols for reporting of suspicious |
---|
382 | | - | activities. |
---|
383 | | - | (6) Establish minimum operational standards, |
---|
384 | | - | qualifications, training, and compliance requirements for |
---|
385 | | - | State employees and contractors engaged in the protection |
---|
386 | | - | of State facilities and employees. |
---|
387 | | - | (7) At the request of departments or agencies of State |
---|
388 | | - | government, conduct security assessments, including, but |
---|
389 | | - | not limited to, examination of alarm systems, cameras |
---|
390 | | - | systems, access points, personnel readiness, and emergency |
---|
391 | | - | |
---|
392 | | - | |
---|
393 | | - | protocols based on risk and need. |
---|
394 | | - | (8) Oversee the planning and implementation of |
---|
395 | | - | security and law enforcement activities necessary for the |
---|
396 | | - | protection of major, multi-jurisdictional events |
---|
397 | | - | implicating potential criminal threats to State officials, |
---|
398 | | - | State employees, or State-owned, State-leased, or |
---|
399 | | - | State-operated critical infrastructure or facilities. |
---|
400 | | - | (9) Oversee and direct the planning and implementation |
---|
401 | | - | of security and law enforcement activities by the |
---|
402 | | - | departments and agencies of the State necessary for the |
---|
403 | | - | protection of State employees, State officials, and |
---|
404 | | - | State-owned, State-leased, or State-operated critical |
---|
405 | | - | infrastructure or facilities from criminal activity. |
---|
406 | | - | (10) Advise the Governor and Homeland Security Advisor |
---|
407 | | - | on any matters necessary for the effective protection of |
---|
408 | | - | State facilities, critical infrastructure, officials, and |
---|
409 | | - | employees from criminal threats. |
---|
410 | | - | (11) Utilize intergovernmental agreements and |
---|
411 | | - | administrative rules as needed for the effective, |
---|
412 | | - | efficient implementation of law enforcement and support |
---|
413 | | - | activities necessary for the protection of State |
---|
414 | | - | facilities, State infrastructure, State officials, and |
---|
415 | | - | State employees. |
---|
416 | | - | (Source: P.A. 102-538, eff. 8-20-21.) |
---|
417 | | - | (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1) |
---|
418 | | - | |
---|
419 | | - | |
---|
420 | | - | Sec. 2605-25. Illinois State Police divisions. |
---|
421 | | - | (a) The Illinois State Police is divided into the Division |
---|
422 | | - | of Statewide 9-1-1, the Division of Patrol Operations, the |
---|
423 | | - | Division of Criminal Investigation, the Division of Forensic |
---|
424 | | - | Services, the Division of Justice Services, the Division of |
---|
425 | | - | the Academy and Training, and the Division of Internal |
---|
426 | | - | Investigation. |
---|
427 | | - | (b) The Office of the Director shall: |
---|
428 | | - | (1) Exercise the rights, powers, and duties vested in |
---|
429 | | - | the Illinois State Police by the Governor's Office of |
---|
430 | | - | Management and Budget Act. |
---|
431 | | - | (2) Exercise the rights, powers, and duties vested in |
---|
432 | | - | the Illinois State Police by the Personnel Code. |
---|
433 | | - | (3) Exercise the rights, powers, and duties vested in |
---|
434 | | - | the Illinois State Police by "An Act relating to internal |
---|
435 | | - | auditing in State government", approved August 11, 1967 |
---|
436 | | - | (repealed; now the Fiscal Control and Internal Auditing |
---|
437 | | - | Act). |
---|
438 | | - | (4) Oversee the Executive Protection Unit. |
---|
439 | | - | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.) |
---|
440 | | - | (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2) |
---|
441 | | - | Sec. 2605-30. Division of Patrol Operations (formerly |
---|
442 | | - | State Troopers). The Division of Patrol Operations shall |
---|
443 | | - | exercise the following functions and those in Section 2605-35: |
---|
444 | | - | (1) Cooperate with federal and State authorities |
---|
445 | | - | |
---|
446 | | - | |
---|
447 | | - | requesting utilization of the Illinois State Police's |
---|
448 | | - | radio network system under the Illinois Aeronautics Act. |
---|
449 | | - | (2) Exercise the rights, powers, and duties of the |
---|
450 | | - | Illinois State Police under the Illinois State Police Act. |
---|
451 | | - | (2.5) Provide uniformed patrol of Illinois highways |
---|
452 | | - | and proactively enforce criminal and traffic laws. |
---|
453 | | - | (3) (Blank). |
---|
454 | | - | (4) Exercise the rights, powers, and duties of the |
---|
455 | | - | Illinois State Police vested by law in the Illinois State |
---|
456 | | - | Police by the Illinois Vehicle Code. |
---|
457 | | - | (5) Exercise other duties that have been or may be |
---|
458 | | - | vested by law in the Illinois State Police. |
---|
459 | | - | (6) Exercise other duties that may be assigned by the |
---|
460 | | - | Director in order to fulfill the responsibilities and to |
---|
461 | | - | achieve the purposes of the Illinois State Police. |
---|
462 | | - | (7) Provide comprehensive law enforcement services to |
---|
463 | | - | the public and to county, municipal, and federal law |
---|
464 | | - | enforcement agencies, at their request. |
---|
465 | | - | (8) Patrol Illinois highways with the intent to |
---|
466 | | - | interdict crime and ensure traffic safety while assisting |
---|
467 | | - | citizens during times of need. |
---|
468 | | - | (Source: P.A. 102-538, eff. 8-20-21.) |
---|
469 | | - | (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3) |
---|
470 | | - | Sec. 2605-35. Division of Criminal Investigation. |
---|
471 | | - | (a) The Division of Criminal Investigation shall exercise |
---|
472 | | - | |
---|
473 | | - | |
---|
474 | | - | the following functions and those in Section 2605-30: |
---|
475 | | - | (1) Exercise the rights, powers, and duties vested by |
---|
476 | | - | law in the Illinois State Police by the Illinois Horse |
---|
477 | | - | Racing Act of 1975, including those set forth in Section |
---|
478 | | - | 2605-215. |
---|
479 | | - | (2) Investigate the origins, activities, personnel, |
---|
480 | | - | and incidents of crime and enforce the criminal laws of |
---|
481 | | - | this State related thereto. |
---|
482 | | - | (3) Enforce all laws regulating the production, sale, |
---|
483 | | - | prescribing, manufacturing, administering, transporting, |
---|
484 | | - | having in possession, dispensing, delivering, |
---|
485 | | - | distributing, or use of controlled substances and |
---|
486 | | - | cannabis. |
---|
487 | | - | (4) Cooperate with the police of cities, villages, and |
---|
488 | | - | incorporated towns and with the police officers of any |
---|
489 | | - | county in enforcing the laws of the State and in making |
---|
490 | | - | arrests and recovering property. |
---|
491 | | - | (5) Apprehend and deliver up any person charged in |
---|
492 | | - | this State or any other state with treason or a felony or |
---|
493 | | - | other crime who has fled from justice and is found in this |
---|
494 | | - | State. |
---|
495 | | - | (6) Investigate recipients and providers under the |
---|
496 | | - | Illinois Public Aid Code and any personnel involved in the |
---|
497 | | - | administration of the Code who are suspected of any |
---|
498 | | - | violation of the Code pertaining to fraud in the |
---|
499 | | - | administration, receipt, or provision of assistance and |
---|
500 | | - | |
---|
501 | | - | |
---|
502 | | - | pertaining to any violation of criminal law; and exercise |
---|
503 | | - | the functions required under Section 2605-220 in the |
---|
504 | | - | conduct of those investigations. |
---|
505 | | - | (7) Conduct other investigations as provided by law, |
---|
506 | | - | including, but not limited to, investigations of human |
---|
507 | | - | trafficking, illegal drug trafficking, and illegal |
---|
508 | | - | firearms trafficking, and cyber crimes that can be |
---|
509 | | - | investigated and prosecuted in Illinois. |
---|
510 | | - | (8) Investigate public corruption. |
---|
511 | | - | (9) Exercise other duties that may be assigned by the |
---|
512 | | - | Director in order to fulfill the responsibilities and |
---|
513 | | - | achieve the purposes of the Illinois State Police, which |
---|
514 | | - | may include the coordination of gang, terrorist, and |
---|
515 | | - | organized crime prevention, control activities, and |
---|
516 | | - | assisting local law enforcement in their crime control |
---|
517 | | - | activities. |
---|
518 | | - | (10) Conduct investigations (and cooperate with |
---|
519 | | - | federal law enforcement agencies in the investigation) of |
---|
520 | | - | any property-related crimes, such as money laundering, |
---|
521 | | - | involving individuals or entities listed on the sanctions |
---|
522 | | - | list maintained by the U.S. Department of Treasury's |
---|
523 | | - | Office of Foreign Asset Control. |
---|
524 | | - | (11) Oversee Illinois State Police special weapons and |
---|
525 | | - | tactics (SWAT) teams, including law enforcement response |
---|
526 | | - | to weapons of mass destruction. |
---|
527 | | - | (12) Oversee Illinois State Police air operations. |
---|
528 | | - | |
---|
529 | | - | |
---|
530 | | - | (13) Investigate criminal domestic terrorism |
---|
531 | | - | incidents, and otherwise deter all criminal threats to |
---|
532 | | - | Illinois. |
---|
533 | | - | (a-5) The Division of Criminal Investigation shall gather |
---|
534 | | - | information, intelligence, and evidence to facilitate the |
---|
535 | | - | identification, apprehension, and prosecution of persons |
---|
536 | | - | responsible for committing crime; to provide specialized |
---|
537 | | - | intelligence and analysis, investigative, tactical, and |
---|
538 | | - | technological services in support of law enforcement |
---|
539 | | - | operations throughout the State of Illinois; and to oversee |
---|
540 | | - | and operate the statewide criminal intelligence fusion center. |
---|
541 | | - | (b) (Blank). |
---|
542 | | - | (c) The Division of Criminal Investigation shall provide |
---|
543 | | - | statewide coordination and strategy pertaining to |
---|
544 | | - | firearm-related intelligence, firearms trafficking |
---|
545 | | - | interdiction, and investigations reaching across all divisions |
---|
546 | | - | of the Illinois State Police, including providing crime gun |
---|
547 | | - | intelligence support for suspects and firearms involved in |
---|
548 | | - | firearms trafficking or the commission of a crime involving |
---|
549 | | - | firearms that is investigated by the Illinois State Police and |
---|
550 | | - | other federal, State, and local law enforcement agencies, with |
---|
551 | | - | the objective of reducing and preventing illegal possession |
---|
552 | | - | and use of firearms, firearms trafficking, firearm-related |
---|
553 | | - | homicides, and other firearm-related violent crimes in |
---|
554 | | - | Illinois. |
---|
555 | | - | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; |
---|
556 | | - | |
---|
557 | | - | |
---|
558 | | - | 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.) |
---|
559 | | - | (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4) |
---|
560 | | - | Sec. 2605-40. Division of Forensic Services. The Division |
---|
561 | | - | of Forensic Services shall exercise the following functions: |
---|
562 | | - | (1) Provide crime scene services and traffic crash |
---|
563 | | - | reconstruction. |
---|
564 | | - | (2) Exercise the rights, powers, and duties vested by |
---|
565 | | - | law in the Illinois State Police by Section 2605-300 of |
---|
566 | | - | this Law. |
---|
567 | | - | (3) Provide assistance to local law enforcement |
---|
568 | | - | agencies through training, management, and consultant |
---|
569 | | - | services. |
---|
570 | | - | (4) (Blank). |
---|
571 | | - | (5) Exercise other duties that may be assigned by the |
---|
572 | | - | Director in order to fulfill the responsibilities and |
---|
573 | | - | achieve the purposes of the Illinois State Police. |
---|
574 | | - | (6) Establish and operate a forensic science |
---|
575 | | - | laboratory system, including a forensic toxicological |
---|
576 | | - | laboratory service, for the purpose of testing specimens |
---|
577 | | - | submitted by coroners and other law enforcement officers |
---|
578 | | - | in their efforts to determine whether alcohol, drugs, or |
---|
579 | | - | poisonous or other toxic substances have been involved in |
---|
580 | | - | deaths, accidents, or illness. Forensic toxicological |
---|
581 | | - | laboratories shall be established in Springfield, Chicago, |
---|
582 | | - | and elsewhere in the State as needed. |
---|
583 | | - | |
---|
584 | | - | |
---|
585 | | - | (6.5) Establish administrative rules in order to set |
---|
586 | | - | forth standardized requirements for the disclosure of |
---|
587 | | - | toxicology results and other relevant documents related to |
---|
588 | | - | a toxicological analysis. These administrative rules are |
---|
589 | | - | to be adopted to produce uniform and sufficient |
---|
590 | | - | information to allow a proper, well-informed determination |
---|
591 | | - | of the admissibility of toxicology evidence and to ensure |
---|
592 | | - | that this evidence is presented competently. These |
---|
593 | | - | administrative rules are designed to provide a minimum |
---|
594 | | - | standard for compliance of toxicology evidence and are not |
---|
595 | | - | intended to limit the production and discovery of material |
---|
596 | | - | information. |
---|
597 | | - | (7) Subject to specific appropriations made for these |
---|
598 | | - | purposes, establish and coordinate a system for providing |
---|
599 | | - | accurate and expedited forensic science and other |
---|
600 | | - | investigative and laboratory services to local law |
---|
601 | | - | enforcement agencies and local State's Attorneys in aid of |
---|
602 | | - | the investigation and trial of capital cases. |
---|
603 | | - | (8) Exercise the rights, powers, and duties vested by |
---|
604 | | - | law in the Illinois State Police under the Sexual Assault |
---|
605 | | - | Evidence Submission Act. |
---|
606 | | - | (9) Serve as the State central repository for all |
---|
607 | | - | genetic marker grouping analysis information and exercise |
---|
608 | | - | the rights, powers, and duties vested by law in the |
---|
609 | | - | Illinois State Police under Section 5-4-3 of the Unified |
---|
610 | | - | Code of Corrections. |
---|
611 | | - | |
---|
612 | | - | |
---|
613 | | - | (10) Issue reports required under Section 5-4-3a of |
---|
614 | | - | the Unified Code of Corrections. |
---|
615 | | - | (11) Oversee the Electronic Laboratory Information |
---|
616 | | - | Management System under Section 5-4-3b of the Unified Code |
---|
617 | | - | of Corrections. |
---|
618 | | - | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21; |
---|
619 | | - | 102-813, eff. 5-13-22.) |
---|
620 | | - | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5) |
---|
621 | | - | Sec. 2605-45. Division of Justice Services. The Division |
---|
622 | | - | of Justice Services shall provide administrative and technical |
---|
623 | | - | services and support to the Illinois State Police, criminal |
---|
624 | | - | justice agencies, and the public and shall exercise the |
---|
625 | | - | following functions: |
---|
626 | | - | (1) Operate and maintain the Law Enforcement Agencies |
---|
627 | | - | Data System (LEADS), a statewide, computerized |
---|
628 | | - | telecommunications system designed to provide services, |
---|
629 | | - | information, and capabilities to the law enforcement and |
---|
630 | | - | criminal justice community in the State of Illinois. The |
---|
631 | | - | Director is responsible for establishing policy, |
---|
632 | | - | procedures, and regulations consistent with State and |
---|
633 | | - | federal rules, policies, and law by which LEADS operates. |
---|
634 | | - | The Director shall designate a statewide LEADS |
---|
635 | | - | Administrator for management of the system. The Director |
---|
636 | | - | may appoint a LEADS Advisory Policy Board to reflect the |
---|
637 | | - | needs and desires of the law enforcement and criminal |
---|
638 | | - | |
---|
639 | | - | |
---|
640 | | - | justice community and to make recommendations concerning |
---|
641 | | - | policies and procedures. |
---|
642 | | - | (2) Pursue research and the publication of studies |
---|
643 | | - | pertaining to local law enforcement activities. |
---|
644 | | - | (3) Serve as the State's point of contact for the |
---|
645 | | - | Federal Bureau of Investigation's Uniform Crime Reporting |
---|
646 | | - | Program and National Incident-Based Reporting System. |
---|
647 | | - | (4) Operate an electronic data processing and computer |
---|
648 | | - | center for the storage and retrieval of data pertaining to |
---|
649 | | - | criminal activity. |
---|
650 | | - | (5) Exercise the rights, powers, and duties vested in |
---|
651 | | - | the Illinois State Police by the Cannabis Regulation and |
---|
652 | | - | Tax Act and the Compassionate Use of Medical Cannabis |
---|
653 | | - | Program Act. |
---|
654 | | - | (6) (Blank). |
---|
655 | | - | (6.5) Exercise the rights, powers, and duties vested |
---|
656 | | - | in the Illinois State Police by the Firearm Owners |
---|
657 | | - | Identification Card Act, the Firearm Concealed Carry Act, |
---|
658 | | - | the Firearm Transfer Inquiry Program, the prohibited |
---|
659 | | - | persons portal under Section 2605-304, and the Firearm |
---|
660 | | - | Dealer License Certification Act. |
---|
661 | | - | (7) Exercise other duties that may be assigned by the |
---|
662 | | - | Director to fulfill the responsibilities and achieve the |
---|
663 | | - | purposes of the Illinois State Police. |
---|
664 | | - | (8) Exercise the rights, powers, and duties vested by |
---|
665 | | - | law in the Illinois State Police by the Criminal |
---|
666 | | - | |
---|
667 | | - | |
---|
668 | | - | Identification Act and the Illinois Uniform Conviction |
---|
669 | | - | Information Act. |
---|
670 | | - | (9) Exercise the powers and perform the duties that |
---|
671 | | - | have been vested in the Illinois State Police by the |
---|
672 | | - | Murderer and Violent Offender Against Youth Registration |
---|
673 | | - | Act, the Sex Offender Registration Act, and the Sex |
---|
674 | | - | Offender Community Notification Law and adopt reasonable |
---|
675 | | - | rules necessitated thereby. |
---|
676 | | - | (10) Serve as the State central repository for |
---|
677 | | - | criminal history record information. |
---|
678 | | - | (11) Share all necessary information with the |
---|
679 | | - | Concealed Carry Licensing Review Board and the Firearms |
---|
680 | | - | Owner's Identification Card Review Board necessary for the |
---|
681 | | - | execution of their duties. |
---|
682 | | - | (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.) |
---|
683 | | - | (20 ILCS 2605/2605-51) |
---|
684 | | - | Sec. 2605-51. Division of the Academy and Training. |
---|
685 | | - | (a) The Division of the Academy and Training shall |
---|
686 | | - | exercise, but not be limited to, the following functions: |
---|
687 | | - | (1) Oversee and operate the Illinois State Police |
---|
688 | | - | Training Academy. |
---|
689 | | - | (2) Train and prepare new officers for a career in law |
---|
690 | | - | enforcement, with innovative, quality training and |
---|
691 | | - | educational practices. |
---|
692 | | - | (3) Offer continuing training and educational programs |
---|
693 | | - | |
---|
694 | | - | |
---|
695 | | - | for Illinois State Police employees. |
---|
696 | | - | (4) Oversee the Illinois State Police's recruitment |
---|
697 | | - | initiatives. |
---|
698 | | - | (5) Oversee and operate the Illinois State Police's |
---|
699 | | - | quartermaster. |
---|
700 | | - | (6) Duties assigned to the Illinois State Police in |
---|
701 | | - | Article 5, Chapter 11 of the Illinois Vehicle Code |
---|
702 | | - | concerning testing and training officers on the detection |
---|
703 | | - | of impaired driving. |
---|
704 | | - | (7) Duties assigned to the Illinois State Police in |
---|
705 | | - | Article 108B of the Code of Criminal Procedure. |
---|
706 | | - | (a-5) Successful completion of the Illinois State Police |
---|
707 | | - | Academy satisfies the minimum standards pursuant to |
---|
708 | | - | subsections (a), (b), and (d) of Section 7 of the Illinois |
---|
709 | | - | Police Training Act and exempts State police officers from the |
---|
710 | | - | Illinois Law Enforcement Training Standards Board's State |
---|
711 | | - | Comprehensive Examination and Equivalency Examination. |
---|
712 | | - | Satisfactory completion shall be evidenced by a commission or |
---|
713 | | - | certificate issued to the officer. |
---|
714 | | - | (b) The Division of the Academy and Training shall |
---|
715 | | - | exercise the rights, powers, and duties vested in the former |
---|
716 | | - | Division of State Troopers by Section 17 of the Illinois State |
---|
717 | | - | Police Act. |
---|
718 | | - | (c) Specialized training. |
---|
719 | | - | (1) Training; cultural diversity. The Division of the |
---|
720 | | - | Academy and Training shall provide training and continuing |
---|
721 | | - | |
---|
722 | | - | |
---|
723 | | - | education to State police officers concerning cultural |
---|
724 | | - | diversity, including sensitivity toward racial and ethnic |
---|
725 | | - | differences. This training and continuing education shall |
---|
726 | | - | include, but not be limited to, an emphasis on the fact |
---|
727 | | - | that the primary purpose of enforcement of the Illinois |
---|
728 | | - | Vehicle Code is safety and equal and uniform enforcement |
---|
729 | | - | under the law. |
---|
730 | | - | (2) Training; death and homicide investigations. The |
---|
731 | | - | Division of the Academy and Training shall provide |
---|
732 | | - | training in death and homicide investigation for State |
---|
733 | | - | police officers. Only State police officers who |
---|
734 | | - | successfully complete the training may be assigned as lead |
---|
735 | | - | investigators in death and homicide investigations. |
---|
736 | | - | Satisfactory completion of the training shall be evidenced |
---|
737 | | - | by a certificate issued to the officer by the Division of |
---|
738 | | - | the Academy and Training. The Director shall develop a |
---|
739 | | - | process for waiver applications for officers whose prior |
---|
740 | | - | training and experience as homicide investigators may |
---|
741 | | - | qualify them for a waiver. The Director may issue a |
---|
742 | | - | waiver, at his or her discretion, based solely on the |
---|
743 | | - | prior training and experience of an officer as a homicide |
---|
744 | | - | investigator. |
---|
745 | | - | (A) The Division shall require all homicide |
---|
746 | | - | investigator training to include instruction on |
---|
747 | | - | victim-centered, trauma-informed investigation. This |
---|
748 | | - | training must be implemented by July 1, 2023. |
---|
749 | | - | |
---|
750 | | - | |
---|
751 | | - | (B) The Division shall cooperate with the Division |
---|
752 | | - | of Criminal Investigation to develop a model |
---|
753 | | - | curriculum on victim-centered, trauma-informed |
---|
754 | | - | investigation. This curriculum must be implemented by |
---|
755 | | - | July 1, 2023. |
---|
756 | | - | (3) Training; police dog training standards. All |
---|
757 | | - | police dogs used by the Illinois State Police for drug |
---|
758 | | - | enforcement purposes pursuant to the Cannabis Control Act, |
---|
759 | | - | the Illinois Controlled Substances Act, and the |
---|
760 | | - | Methamphetamine Control and Community Protection Act shall |
---|
761 | | - | be trained by programs that meet the certification |
---|
762 | | - | requirements set by the Director or the Director's |
---|
763 | | - | designee. Satisfactory completion of the training shall be |
---|
764 | | - | evidenced by a certificate issued by the Division of the |
---|
765 | | - | Academy and Training. |
---|
766 | | - | (4) Training; post-traumatic stress disorder. The |
---|
767 | | - | Division of the Academy and Training shall conduct or |
---|
768 | | - | approve a training program in post-traumatic stress |
---|
769 | | - | disorder for State police officers. The purpose of that |
---|
770 | | - | training shall be to equip State police officers to |
---|
771 | | - | identify the symptoms of post-traumatic stress disorder |
---|
772 | | - | and to respond appropriately to individuals exhibiting |
---|
773 | | - | those symptoms. |
---|
774 | | - | (5) Training; opioid antagonists. The Division of the |
---|
775 | | - | Academy and Training shall conduct or approve a training |
---|
776 | | - | program for State police officers in the administration of |
---|
777 | | - | |
---|
778 | | - | |
---|
779 | | - | opioid antagonists as defined in paragraph (1) of |
---|
780 | | - | subsection (e) of Section 5-23 of the Substance Use |
---|
781 | | - | Disorder Act that is in accordance with that Section. As |
---|
782 | | - | used in this Section, "State police officers" includes |
---|
783 | | - | full-time or part-time State police officers, |
---|
784 | | - | investigators, and any other employee of the Illinois |
---|
785 | | - | State Police exercising the powers of a peace officer. |
---|
786 | | - | (6) Training; sexual assault and sexual abuse. |
---|
787 | | - | (A) Every 3 years, the Division of the Academy and |
---|
788 | | - | Training shall present in-service training on sexual |
---|
789 | | - | assault and sexual abuse response and report writing |
---|
790 | | - | training requirements, including, but not limited to, |
---|
791 | | - | the following: |
---|
792 | | - | (i) recognizing the symptoms of trauma; |
---|
793 | | - | (ii) understanding the role trauma has played |
---|
794 | | - | in a victim's life; |
---|
795 | | - | (iii) responding to the needs and concerns of |
---|
796 | | - | a victim; |
---|
797 | | - | (iv) delivering services in a compassionate, |
---|
798 | | - | sensitive, and nonjudgmental manner; |
---|
799 | | - | (v) interviewing techniques in accordance with |
---|
800 | | - | the curriculum standards in this paragraph (6); |
---|
801 | | - | (vi) understanding cultural perceptions and |
---|
802 | | - | common myths of sexual assault and sexual abuse; |
---|
803 | | - | and |
---|
804 | | - | (vii) report writing techniques in accordance |
---|
805 | | - | |
---|
806 | | - | |
---|
807 | | - | with the curriculum standards in this paragraph |
---|
808 | | - | (6). |
---|
809 | | - | (B) This training must also be presented in all |
---|
810 | | - | full and part-time basic law enforcement academies. |
---|
811 | | - | (C) Instructors providing this training shall have |
---|
812 | | - | successfully completed training on evidence-based, |
---|
813 | | - | trauma-informed, victim-centered responses to cases of |
---|
814 | | - | sexual assault and sexual abuse and have experience |
---|
815 | | - | responding to sexual assault and sexual abuse cases. |
---|
816 | | - | (D) The Illinois State Police shall adopt rules, |
---|
817 | | - | in consultation with the Office of the Attorney |
---|
818 | | - | General and the Illinois Law Enforcement Training |
---|
819 | | - | Standards Board, to determine the specific training |
---|
820 | | - | requirements for these courses, including, but not |
---|
821 | | - | limited to, the following: |
---|
822 | | - | (i) evidence-based curriculum standards for |
---|
823 | | - | report writing and immediate response to sexual |
---|
824 | | - | assault and sexual abuse, including |
---|
825 | | - | trauma-informed, victim-centered interview |
---|
826 | | - | techniques, which have been demonstrated to |
---|
827 | | - | minimize retraumatization, for all State police |
---|
828 | | - | officers; and |
---|
829 | | - | (ii) evidence-based curriculum standards for |
---|
830 | | - | trauma-informed, victim-centered investigation |
---|
831 | | - | and interviewing techniques, which have been |
---|
832 | | - | demonstrated to minimize retraumatization, for |
---|
833 | | - | |
---|
834 | | - | |
---|
835 | | - | cases of sexual assault and sexual abuse for all |
---|
836 | | - | State police officers who conduct sexual assault |
---|
837 | | - | and sexual abuse investigations. |
---|
838 | | - | (7) Training; human trafficking. The Division of the |
---|
839 | | - | Academy and Training shall conduct or approve a training |
---|
840 | | - | program in the detection and investigation of all forms of |
---|
841 | | - | human trafficking, including, but not limited to, |
---|
842 | | - | involuntary servitude under subsection (b) of Section 10-9 |
---|
843 | | - | of the Criminal Code of 2012, involuntary sexual servitude |
---|
844 | | - | of a minor under subsection (c) of Section 10-9 of the |
---|
845 | | - | Criminal Code of 2012, and trafficking in persons under |
---|
846 | | - | subsection (d) of Section 10-9 of the Criminal Code of |
---|
847 | | - | 2012. This program shall be made available to all cadets |
---|
848 | | - | and State police officers. |
---|
849 | | - | (8) Training; hate crimes. The Division of the Academy |
---|
850 | | - | and Training shall provide training for State police |
---|
851 | | - | officers in identifying, responding to, and reporting all |
---|
852 | | - | hate crimes. |
---|
853 | | - | (d) The Division of the Academy and Training shall |
---|
854 | | - | administer and conduct a program consistent with 18 U.S.C. |
---|
855 | | - | 926B and 926C for qualified active and retired Illinois State |
---|
856 | | - | Police officers. |
---|
857 | | - | (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22; |
---|
858 | | - | 102-813, eff. 5-13-22.) |
---|
859 | | - | (20 ILCS 2605/2605-52) |
---|
860 | | - | |
---|
861 | | - | |
---|
862 | | - | Sec. 2605-52. Division of Statewide 9-1-1. |
---|
863 | | - | (a) There shall be established an Office of the Statewide |
---|
864 | | - | 9-1-1 Administrator within the Division of Statewide 9-1-1. |
---|
865 | | - | Beginning January 1, 2016, the Office of the Statewide 9-1-1 |
---|
866 | | - | Administrator shall be responsible for developing, |
---|
867 | | - | implementing, and overseeing a uniform statewide 9-1-1 system |
---|
868 | | - | for all areas of the State outside of municipalities having a |
---|
869 | | - | population over 500,000. |
---|
870 | | - | (b) The Governor shall appoint, with the advice and |
---|
871 | | - | consent of the Senate, a Statewide 9-1-1 Administrator. The |
---|
872 | | - | Administrator shall serve for a term of 2 years, and until a |
---|
873 | | - | successor is appointed and qualified; except that the term of |
---|
874 | | - | the first 9-1-1 Administrator appointed under this Act shall |
---|
875 | | - | expire on the third Monday in January, 2017. The Administrator |
---|
876 | | - | shall not hold any other remunerative public office. The |
---|
877 | | - | Administrator shall receive an annual salary as set by the |
---|
878 | | - | Governor. |
---|
879 | | - | (c) The Illinois State Police, from appropriations made to |
---|
880 | | - | it for that purpose, shall make grants to 9-1-1 Authorities |
---|
881 | | - | for the purpose of defraying costs associated with 9-1-1 |
---|
882 | | - | system consolidations awarded by the Administrator under |
---|
883 | | - | Section 15.4b of the Emergency Telephone System Act. |
---|
884 | | - | (d) The Division of Statewide 9-1-1 shall exercise the |
---|
885 | | - | rights, powers, and duties vested by law in the Illinois State |
---|
886 | | - | Police by the State Police Radio Act and shall oversee the |
---|
887 | | - | Illinois State Police radio network, including the Illinois |
---|
888 | | - | |
---|
889 | | - | |
---|
890 | | - | State Police Emergency Radio Network and Illinois State |
---|
891 | | - | Police's STARCOM21. |
---|
892 | | - | (e) The Division of Statewide 9-1-1 shall also conduct the |
---|
893 | | - | following communication activities: |
---|
894 | | - | (1) Acquire and operate one or more radio broadcasting |
---|
895 | | - | stations in the State to be used for police purposes. |
---|
896 | | - | (2) Operate a statewide communications network to |
---|
897 | | - | gather and disseminate information for law enforcement |
---|
898 | | - | agencies. |
---|
899 | | - | (3) Undertake other communication activities that may |
---|
900 | | - | be required by law. |
---|
901 | | - | (4) Oversee Illinois State Police telecommunications. |
---|
902 | | - | (f) The Division of Statewide 9-1-1 shall oversee the |
---|
903 | | - | Illinois State Police fleet operations. |
---|
904 | | - | (Source: P.A. 102-538, eff. 8-20-21.) |
---|
905 | | - | (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part) |
---|
906 | | - | Sec. 2605-200. Investigations of crime; enforcement of |
---|
907 | | - | laws; records; crime laboratories; personnel. |
---|
908 | | - | (a) To do the following: |
---|
909 | | - | (1) Investigate the origins, activities, personnel, |
---|
910 | | - | and incidents of crime and the ways and means to redress |
---|
911 | | - | the victims of crimes; study the impact, if any, of |
---|
912 | | - | legislation relative to the effusion of crime and growing |
---|
913 | | - | crime rates; and enforce the criminal laws of this State |
---|
914 | | - | related thereto. |
---|
915 | | - | |
---|
916 | | - | |
---|
917 | | - | (2) Enforce all laws regulating the production, sale, |
---|
918 | | - | prescribing, manufacturing, administering, transporting, |
---|
919 | | - | having in possession, dispensing, delivering, |
---|
920 | | - | distributing, or use of controlled substances and |
---|
921 | | - | cannabis. |
---|
922 | | - | (3) Employ skilled experts, scientists, technicians, |
---|
923 | | - | investigators, or otherwise specially qualified persons to |
---|
924 | | - | aid in preventing or detecting crime, apprehending |
---|
925 | | - | criminals, or preparing and presenting evidence of |
---|
926 | | - | violations of the criminal laws of the State. |
---|
927 | | - | (4) Cooperate with the police of cities, villages, and |
---|
928 | | - | incorporated towns and with the police officers of any |
---|
929 | | - | county in enforcing the laws of the State and in making |
---|
930 | | - | arrests and recovering property. |
---|
931 | | - | (5) Apprehend and deliver up any person charged in |
---|
932 | | - | this State or any other state of the United States with |
---|
933 | | - | treason or a felony or other crime who has fled from |
---|
934 | | - | justice and is found in this State. |
---|
935 | | - | (6) Conduct other investigations as provided by law. |
---|
936 | | - | (7) Be a central repository and custodian of criminal |
---|
937 | | - | statistics for the State. |
---|
938 | | - | (8) Be a central repository for criminal history |
---|
939 | | - | record information. |
---|
940 | | - | (9) Procure and file for record information that is |
---|
941 | | - | necessary and helpful to plan programs of crime |
---|
942 | | - | prevention, law enforcement, and criminal justice. |
---|
943 | | - | |
---|
944 | | - | |
---|
945 | | - | (10) Procure and file for record copies of |
---|
946 | | - | fingerprints that may be required by law. |
---|
947 | | - | (11) Establish general and field crime laboratories. |
---|
948 | | - | (12) Register and file for record information that may |
---|
949 | | - | be required by law for the issuance of firearm owner's |
---|
950 | | - | identification cards under the Firearm Owners |
---|
951 | | - | Identification Card Act and concealed carry licenses under |
---|
952 | | - | the Firearm Concealed Carry Act. |
---|
953 | | - | (13) Employ laboratory technicians and other specially |
---|
954 | | - | qualified persons to aid in the identification of criminal |
---|
955 | | - | activity and the identification, collection, and recovery |
---|
956 | | - | of cyber forensics, including, but not limited to, digital |
---|
957 | | - | evidence, and may employ polygraph operators and forensic |
---|
958 | | - | anthropologists. |
---|
959 | | - | (14) Undertake other identification, information, |
---|
960 | | - | laboratory, statistical, or registration activities that |
---|
961 | | - | may be required by law. |
---|
962 | | - | (b) Persons exercising the powers set forth in subsection |
---|
963 | | - | (a) within the Illinois State Police are conservators of the |
---|
964 | | - | peace and as such have all the powers possessed by policemen in |
---|
965 | | - | cities and sheriffs, except that they may exercise those |
---|
966 | | - | powers anywhere in the State in cooperation with and after |
---|
967 | | - | contact with the local law enforcement officials. Those |
---|
968 | | - | persons may use false or fictitious names in the performance |
---|
969 | | - | of their duties under this Section, upon approval of the |
---|
970 | | - | Director, and shall not be subject to prosecution under the |
---|
971 | | - | |
---|
972 | | - | |
---|
973 | | - | criminal laws for that use. |
---|
974 | | - | (Source: P.A. 102-538, eff. 8-20-21.) |
---|
975 | | - | (20 ILCS 2605/2605-615) |
---|
976 | | - | Sec. 2605-615. Illinois Forensic Science Commission. |
---|
977 | | - | (a) Creation. There is created within the Illinois State |
---|
978 | | - | Police the Illinois Forensic Science Commission. |
---|
979 | | - | (b) Duties and purpose. The Commission shall: |
---|
980 | | - | (1) Provide guidance to ensure the efficient delivery |
---|
981 | | - | of forensic services and the sound practice of forensic |
---|
982 | | - | science. |
---|
983 | | - | (2) Provide a forum for discussions between forensic |
---|
984 | | - | science stakeholders to improve communication and |
---|
985 | | - | coordination and to monitor the important issues impacting |
---|
986 | | - | all stakeholders. |
---|
987 | | - | (3) Take a systems-based approach in reviewing all |
---|
988 | | - | aspects of the delivery of forensic services and the sound |
---|
989 | | - | practice of forensic science with the goal of reducing or |
---|
990 | | - | eliminating the factors and inefficiencies that contribute |
---|
991 | | - | to backlogs and errors, with a focus on education and |
---|
992 | | - | training, funding, hiring, procurement, and other aspects |
---|
993 | | - | identified by the Commission. |
---|
994 | | - | (4) Review significant non-conformities with the sound |
---|
995 | | - | practice of forensic science documented by each publicly |
---|
996 | | - | funded forensic laboratory and offer recommendations for |
---|
997 | | - | the correction thereof. |
---|
998 | | - | |
---|
999 | | - | |
---|
1000 | | - | (5) Subject to appropriation, provide educational, |
---|
1001 | | - | research, and professional training opportunities for |
---|
1002 | | - | practicing forensic scientists, police officers, judges, |
---|
1003 | | - | State's Attorneys and Assistant State's Attorneys, Public |
---|
1004 | | - | Defenders, and defense attorneys comporting with the sound |
---|
1005 | | - | practice of forensic science. |
---|
1006 | | - | (6) Collect and analyze information related to the |
---|
1007 | | - | impact of current laws, rules, policies, and practices on |
---|
1008 | | - | forensic crime laboratories and the practice of forensic |
---|
1009 | | - | science; evaluate the impact of those laws, rules, |
---|
1010 | | - | policies, and practices on forensic crime laboratories and |
---|
1011 | | - | the practice of forensic science; identify new policies |
---|
1012 | | - | and approaches, together with changes in science, and |
---|
1013 | | - | technology; and make recommendations for changes to those |
---|
1014 | | - | laws, rules, policies, and practices that will yield |
---|
1015 | | - | better results in the criminal justice system consistent |
---|
1016 | | - | with the sound practice of forensic science. |
---|
1017 | | - | (7) Perform such other studies or tasks pertaining to |
---|
1018 | | - | forensic crime laboratories as may be requested by the |
---|
1019 | | - | General Assembly by resolution or the Governor, and |
---|
1020 | | - | perform such other functions as may be required by law or |
---|
1021 | | - | as are necessary to carry out the purposes and goals of the |
---|
1022 | | - | Commission prescribed in this Section. |
---|
1023 | | - | (8) Ensure that adequate resources and facilities are |
---|
1024 | | - | available for carrying out the changes proposed in |
---|
1025 | | - | legislation, rules, or policies and that rational |
---|
1026 | | - | |
---|
1027 | | - | |
---|
1028 | | - | priorities are established for the use of those resources. |
---|
1029 | | - | To do so, the Commission may prepare statements to the |
---|
1030 | | - | Governor and General Assembly identifying the fiscal and |
---|
1031 | | - | practical effects of proposed legislation, rules, or |
---|
1032 | | - | policy changes. Such statements may include, but are not |
---|
1033 | | - | limited to: the impact on present levels of staffing and |
---|
1034 | | - | resources; a professional opinion on the practical value |
---|
1035 | | - | of the change or changes; the increase or decrease the |
---|
1036 | | - | number of crime laboratories; the increase or decrease the |
---|
1037 | | - | cost of operating crime laboratories; the impact on |
---|
1038 | | - | efficiencies and caseloads; other information, including |
---|
1039 | | - | but not limited to, facts, data, research, and science |
---|
1040 | | - | relevant to the legislation, rule, or policy; the direct |
---|
1041 | | - | or indirect alteration in any process involving or used by |
---|
1042 | | - | crime laboratories of such proposed legislation, rules, or |
---|
1043 | | - | policy changes; an analysis of the impact, either directly |
---|
1044 | | - | or indirectly, on the technology, improvements, or |
---|
1045 | | - | practices of forensic analyses for use in criminal |
---|
1046 | | - | proceedings; together with the direct or indirect impact |
---|
1047 | | - | on headcount, space, equipment, instruments, |
---|
1048 | | - | accreditation, the volume of cases for analysis, |
---|
1049 | | - | scientific controls, and quality assurance. |
---|
1050 | | - | (c) Members. The Commission shall be composed of the |
---|
1051 | | - | Director of the Illinois State Police, or his or her designee, |
---|
1052 | | - | together with the following members appointed for a term of 4 |
---|
1053 | | - | years by the Governor with the advice and consent of the |
---|
1054 | | - | |
---|
1055 | | - | |
---|
1056 | | - | Senate: |
---|
1057 | | - | (1) One crime laboratory director or administrator |
---|
1058 | | - | from each publicly funded forensic laboratory system. |
---|
1059 | | - | (2) One member with experience in the admission of |
---|
1060 | | - | forensic evidence in trials from a statewide association |
---|
1061 | | - | representing prosecutors. |
---|
1062 | | - | (3) One member with experience in the admission of |
---|
1063 | | - | forensic evidence in trials from a statewide association |
---|
1064 | | - | representing criminal defense attorneys. |
---|
1065 | | - | (4) Three forensic scientists with bench work |
---|
1066 | | - | background from various forensic disciplines (e.g., DNA, |
---|
1067 | | - | chemistry, pattern evidence, etc.). |
---|
1068 | | - | (5) One retired circuit court judge or associate |
---|
1069 | | - | circuit court judge with criminal trial experience, |
---|
1070 | | - | including experience in the admission of forensic evidence |
---|
1071 | | - | in trials. |
---|
1072 | | - | (6) One academic specializing in the field of forensic |
---|
1073 | | - | sciences. |
---|
1074 | | - | (7) One or more community representatives (e.g., |
---|
1075 | | - | victim advocates, innocence project organizations, sexual |
---|
1076 | | - | assault examiners, etc.). |
---|
1077 | | - | (8) One member who is a medical examiner or coroner. |
---|
1078 | | - | The Governor shall designate one of the members of the |
---|
1079 | | - | Commission to serve as the chair of the Commission. The |
---|
1080 | | - | members of the Commission shall elect from their number such |
---|
1081 | | - | other officers as they may determine. Members of the |
---|
1082 | | - | |
---|
1083 | | - | |
---|
1084 | | - | Commission shall serve without compensation, but may be |
---|
1085 | | - | reimbursed for reasonable expenses incurred in the performance |
---|
1086 | | - | of their duties from funds appropriated for that purpose. |
---|
1087 | | - | (d) Subcommittees. The Commission may form subcommittees |
---|
1088 | | - | to study specific issues identified under paragraph (3) of |
---|
1089 | | - | subsection (b), including, but not limited to, subcommittees |
---|
1090 | | - | on education and training, procurement, funding and hiring. Ad |
---|
1091 | | - | hoc subcommittees may also be convened to address other |
---|
1092 | | - | issues. Such subcommittees shall meet as needed to complete |
---|
1093 | | - | their work, and shall report their findings back to the |
---|
1094 | | - | Commission. Subcommittees shall include members of the |
---|
1095 | | - | Commission, and may also include non-members such as forensic |
---|
1096 | | - | science stakeholders and subject matter experts. |
---|
1097 | | - | (e) Meetings. The Commission shall meet quarterly, at the |
---|
1098 | | - | call of the chairperson. Facilities for meeting, whether |
---|
1099 | | - | remotely or in person, shall be provided for the Commission by |
---|
1100 | | - | the Illinois State Police. |
---|
1101 | | - | (f) Reporting by publicly funded forensic laboratories. |
---|
1102 | | - | All State and local publicly funded forensic laboratory |
---|
1103 | | - | systems, including, but not limited to, the DuPage County |
---|
1104 | | - | Forensic Science Center, the Northeastern Illinois Regional |
---|
1105 | | - | Crime Laboratory, and the Illinois State Police, shall |
---|
1106 | | - | annually provide to the Commission a report summarizing its |
---|
1107 | | - | significant non-conformities with the efficient delivery of |
---|
1108 | | - | forensic services and the sound practice of forensic science. |
---|
1109 | | - | The report will identify: each significant non-conformity or |
---|
1110 | | - | |
---|
1111 | | - | |
---|
1112 | | - | deficient method; how the non-conformity or deficient method |
---|
1113 | | - | was detected; the nature and extent of the non-conformity or |
---|
1114 | | - | deficient method; all corrective actions implemented to |
---|
1115 | | - | address the non-conformity or deficient method; and an |
---|
1116 | | - | analysis of the effectiveness of the corrective actions taken. |
---|
1117 | | - | (g) Definition. As used in this Section, "Commission" |
---|
1118 | | - | means the Illinois Forensic Science Commission. |
---|
1119 | | - | (Source: P.A. 102-523, eff. 8-20-21.) |
---|
1120 | | - | Section 15. The Illinois State Police Act is amended by |
---|
1121 | | - | changing Sections 16 and 20 as follows: |
---|
1122 | | - | (20 ILCS 2610/16) (from Ch. 121, par. 307.16) |
---|
1123 | | - | Sec. 16. State policemen shall enforce the provisions of |
---|
1124 | | - | The Illinois Vehicle Code, approved September 29, 1969, as |
---|
1125 | | - | amended, and Article 9 of the "Illinois Highway Code" as |
---|
1126 | | - | amended; and shall patrol the public highways and rural |
---|
1127 | | - | districts to make arrests for violations of the provisions of |
---|
1128 | | - | such Acts. They are conservators of the peace and as such have |
---|
1129 | | - | all powers possessed by policemen in cities, and sheriffs, |
---|
1130 | | - | except that they may exercise such powers anywhere in this |
---|
1131 | | - | State. The State policemen shall cooperate with the police of |
---|
1132 | | - | cities, villages and incorporated towns, and with the police |
---|
1133 | | - | officers of any county, in enforcing the laws of the State and |
---|
1134 | | - | in making arrests and recovering property. They may be |
---|
1135 | | - | equipped with standardized and tested devices for weighing |
---|
1136 | | - | |
---|
1137 | | - | |
---|
1138 | | - | motor vehicles and may stop and weigh, acting reasonably, or |
---|
1139 | | - | cause to be weighed, any motor vehicle which appears to weigh |
---|
1140 | | - | in excess of the weight permitted by law. It shall also be the |
---|
1141 | | - | duty of the Illinois State Police to determine, whenever |
---|
1142 | | - | possible, the person or persons or the causes responsible for |
---|
1143 | | - | the breaking or destruction of any improved hard-surfaced |
---|
1144 | | - | roadway; to arrest all persons criminally responsible for such |
---|
1145 | | - | breaking or destruction and bring them before the proper |
---|
1146 | | - | officer for trial. The Illinois State Police shall divide the |
---|
1147 | | - | State into zones, troops, or regions Districts and assign each |
---|
1148 | | - | zone, troop, or region district to one or more policemen. No |
---|
1149 | | - | person employed under this Act, however, shall serve or |
---|
1150 | | - | execute civil process, except for process issued under the |
---|
1151 | | - | authority of the General Assembly, or a committee or |
---|
1152 | | - | commission thereof vested with subpoena powers when the county |
---|
1153 | | - | sheriff refuses or fails to serve such process, and except for |
---|
1154 | | - | process allowed by statute or issued under the authority of |
---|
1155 | | - | the Illinois Department of Revenue. |
---|
1156 | | - | (Source: P.A. 102-538, eff. 8-20-21.) |
---|
1157 | | - | (20 ILCS 2610/20) (from Ch. 121, par. 307.18a) |
---|
1158 | | - | Sec. 20. The Illinois State Police from time to time may |
---|
1159 | | - | enter into contracts with The Illinois State Toll Highway |
---|
1160 | | - | Authority, hereinafter called the Authority, with respect to |
---|
1161 | | - | the policing of toll highways by the Illinois State Police. |
---|
1162 | | - | Such contracts shall provide among other matters for the |
---|
1163 | | - | |
---|
1164 | | - | |
---|
1165 | | - | compensation or reimbursement of the Illinois State Police by |
---|
1166 | | - | the Authority for the costs incurred by this State with |
---|
1167 | | - | respect to such policing service, including, but not limited |
---|
1168 | | - | to, the costs of: (1) compensation and training of the State |
---|
1169 | | - | policemen and the clerical employees assigned to such policing |
---|
1170 | | - | service; and (2) uniforms, equipment, and supplies, which |
---|
1171 | | - | shall be Illinois State Police property, and housing used by |
---|
1172 | | - | such personnel; and (3) reimbursement of such sums as the |
---|
1173 | | - | State expends in connection with payments of claims for |
---|
1174 | | - | injuries or illnesses suffered by such personnel in the line |
---|
1175 | | - | of duty. Each such contract may provide for the methods of |
---|
1176 | | - | ascertaining such costs, and shall be of such duration and may |
---|
1177 | | - | contain such other appropriate terms as the Illinois State |
---|
1178 | | - | Police and the Authority may agree upon. The Illinois State |
---|
1179 | | - | Police is not obliged to furnish policing service on any |
---|
1180 | | - | highway under the jurisdiction of the Authority except as |
---|
1181 | | - | required by contract. |
---|
1182 | | - | (Source: P.A. 102-538, eff. 8-20-21.) |
---|
1183 | | - | Section 20. The Illinois State Police Radio Act is amended |
---|
1184 | | - | by changing Section 10 as follows: |
---|
1185 | | - | (20 ILCS 2615/10) |
---|
1186 | | - | Sec. 10. Public safety radio interoperability. Upon their |
---|
1187 | | - | establishment and thereafter, the Director of the Illinois |
---|
1188 | | - | State Police, or his or her designee, shall serve as the |
---|
1189 | | - | |
---|
1190 | | - | |
---|
1191 | | - | chairman of the Illinois Statewide Interoperability Executive |
---|
1192 | | - | Committee (SIEC) and as the chairman of the STARCOM21 |
---|
1193 | | - | Oversight Committee. The Director or his or her designee, as |
---|
1194 | | - | chairman, may increase the size and makeup of the voting |
---|
1195 | | - | membership of each committee when deemed necessary for |
---|
1196 | | - | improved public safety radio interoperability, but the voting |
---|
1197 | | - | membership of each committee must represent public safety |
---|
1198 | | - | users (police, fire, or EMS) and must, at a minimum, include |
---|
1199 | | - | the representatives specified in this Section. |
---|
1200 | | - | The STARCOM21 Oversight Committee must comprise public |
---|
1201 | | - | safety users accessing the system and shall include the |
---|
1202 | | - | Statewide Interoperability Coordinator. The members of the |
---|
1203 | | - | STARCOM21 Oversight Committee shall serve without compensation |
---|
1204 | | - | and may, at the call of the Chair, meet in person or remotely. |
---|
1205 | | - | The Illinois State Police shall provide administrative and |
---|
1206 | | - | other support to the STARCOM21 Oversight Committee. The |
---|
1207 | | - | STARCOM21 Oversight Committee shall: |
---|
1208 | | - | (1) review existing statutory law and make |
---|
1209 | | - | recommendations for legislative changes to ensure |
---|
1210 | | - | efficient, effective, reliable, and sustainable radio |
---|
1211 | | - | interoperability statewide; |
---|
1212 | | - | (2) make recommendations concerning better integration |
---|
1213 | | - | of the Integrated Public Alert and Warning System |
---|
1214 | | - | statewide; and |
---|
1215 | | - | (3) develop a plan to sustainably fund radio |
---|
1216 | | - | infrastructure, radio equipment, and interoperability |
---|
1217 | | - | |
---|
1218 | | - | |
---|
1219 | | - | statewide. |
---|
1220 | | - | The SIEC shall have at a minimum one representative from |
---|
1221 | | - | each of the following: the Illinois Fire Chiefs Association, |
---|
1222 | | - | the Rural Fire Protection Association, the Office of the State |
---|
1223 | | - | Fire Marshal, the Illinois Association of Chiefs of Police, |
---|
1224 | | - | the Illinois Sheriffs' Association, the Illinois State Police, |
---|
1225 | | - | the Illinois Emergency Management Agency, the Department of |
---|
1226 | | - | Public Health, and the Secretary of State Police (which |
---|
1227 | | - | representative shall be the Director of the Secretary of State |
---|
1228 | | - | Police or his or her designee). |
---|
1229 | | - | (Source: P.A. 102-538, eff. 8-20-21.) |
---|
1230 | | - | Section 25. The State Finance Act is amended by changing |
---|
1231 | | - | Sections 6z-82, 6z-127, and 8.3 as follows: |
---|
1232 | | - | (30 ILCS 105/6z-82) |
---|
1233 | | - | Sec. 6z-82. State Police Operations Assistance Fund. |
---|
1234 | | - | (a) There is created in the State treasury a special fund |
---|
1235 | | - | known as the State Police Operations Assistance Fund. The Fund |
---|
1236 | | - | shall receive revenue under the Criminal and Traffic |
---|
1237 | | - | Assessment Act. The Fund may also receive revenue from grants, |
---|
1238 | | - | donations, appropriations, and any other legal source. |
---|
1239 | | - | (a-5) Notwithstanding any other provision of law to the |
---|
1240 | | - | contrary, and in addition to any other transfers that may be |
---|
1241 | | - | provided by law, on August 20, 2021 (the effective date of |
---|
1242 | | - | Public Act 102-505), or as soon thereafter as practical, the |
---|
1243 | | - | |
---|
1244 | | - | |
---|
1245 | | - | State Comptroller shall direct and the State Treasurer shall |
---|
1246 | | - | transfer the remaining balance from the Over Dimensional Load |
---|
1247 | | - | Police Escort Fund into the State Police Operations Assistance |
---|
1248 | | - | Fund. Upon completion of the transfer, the Over Dimensional |
---|
1249 | | - | Load Police Escort Fund is dissolved, and any future deposits |
---|
1250 | | - | due to that Fund and any outstanding obligations or |
---|
1251 | | - | liabilities of that Fund shall pass to the State Police |
---|
1252 | | - | Operations Assistance Fund. |
---|
1253 | | - | This Fund may charge, collect, and receive fees or moneys |
---|
1254 | | - | as described in Section 15-312 of the Illinois Vehicle Code, |
---|
1255 | | - | and receive all fees received by the Illinois State Police |
---|
1256 | | - | under that Section. The moneys shall be used by the Illinois |
---|
1257 | | - | State Police for its expenses in providing police escorts and |
---|
1258 | | - | commercial vehicle enforcement activities. |
---|
1259 | | - | (b) The Illinois State Police may use moneys in the Fund to |
---|
1260 | | - | finance any of its lawful purposes or functions. |
---|
1261 | | - | (c) Expenditures may be made from the Fund only as |
---|
1262 | | - | appropriated by the General Assembly by law. |
---|
1263 | | - | (d) Investment income that is attributable to the |
---|
1264 | | - | investment of moneys in the Fund shall be retained in the Fund |
---|
1265 | | - | for the uses specified in this Section. |
---|
1266 | | - | (e) The State Police Operations Assistance Fund shall not |
---|
1267 | | - | be subject to administrative chargebacks. |
---|
1268 | | - | (f) (Blank). |
---|
1269 | | - | (g) Notwithstanding any other provision of State law to |
---|
1270 | | - | the contrary, on or after July 1, 2021, in addition to any |
---|
1271 | | - | |
---|
1272 | | - | |
---|
1273 | | - | other transfers that may be provided for by law, at the |
---|
1274 | | - | direction of and upon notification from the Director of the |
---|
1275 | | - | Illinois State Police, the State Comptroller shall direct and |
---|
1276 | | - | the State Treasurer shall transfer amounts not exceeding |
---|
1277 | | - | $7,000,000 into the State Police Operations Assistance Fund |
---|
1278 | | - | from the State Police Services Fund. |
---|
1279 | | - | (h) Notwithstanding any other provision of law, in |
---|
1280 | | - | addition to any other transfers that may be provided by law, on |
---|
1281 | | - | the effective date of this amendatory Act of the 103rd General |
---|
1282 | | - | Assembly, or as soon thereafter as practical, the State |
---|
1283 | | - | Comptroller shall direct and the State Treasurer shall |
---|
1284 | | - | transfer the remaining balance from the State Police |
---|
1285 | | - | Streetgang-Related Crime Fund to the State Police Operations |
---|
1286 | | - | Assistance Fund. Upon completion of the transfers, the State |
---|
1287 | | - | Police Streetgang-Related Crime Fund is dissolved, and any |
---|
1288 | | - | future deposits into the State Police Streetgang-Related Crime |
---|
1289 | | - | Fund and any outstanding obligations or liabilities of the |
---|
1290 | | - | State Police Streetgang-Related Crime Fund pass to the State |
---|
1291 | | - | Police Operations Assistance Fund. |
---|
1292 | | - | (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; |
---|
1293 | | - | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
---|
1294 | | - | (30 ILCS 105/6z-127) |
---|
1295 | | - | Sec. 6z-127. State Police Revocation Enforcement Fund. |
---|
1296 | | - | (a) The State Police Revocation Enforcement Fund is |
---|
1297 | | - | established as a special fund in the State treasury. This Fund |
---|
1298 | | - | |
---|
1299 | | - | |
---|
1300 | | - | is established to receive moneys from the Firearm Owners |
---|
1301 | | - | Identification Card Act to enforce that Act, the Firearm |
---|
1302 | | - | Concealed Carry Act, Article 24 of the Criminal Code of 2012, |
---|
1303 | | - | and other firearm offenses. The Fund may also receive revenue |
---|
1304 | | - | from grants, donations, appropriations, and any other legal |
---|
1305 | | - | source. |
---|
1306 | | - | (b) The Illinois State Police may use moneys from the Fund |
---|
1307 | | - | to establish task forces and, if necessary, include other law |
---|
1308 | | - | enforcement agencies, under intergovernmental contracts |
---|
1309 | | - | written and executed in conformity with the Intergovernmental |
---|
1310 | | - | Cooperation Act. |
---|
1311 | | - | (c) The Illinois State Police may use moneys in the Fund to |
---|
1312 | | - | hire and train State Police officers and for the prevention of |
---|
1313 | | - | violent crime. |
---|
1314 | | - | (d) The State Police Revocation Enforcement Fund is not |
---|
1315 | | - | subject to administrative chargebacks. |
---|
1316 | | - | (e) Law enforcement agencies that participate in Firearm |
---|
1317 | | - | Owner's Identification Card revocation enforcement in the |
---|
1318 | | - | Violent Crime Intelligence Task Force may apply for grants |
---|
1319 | | - | from the Illinois State Police. |
---|
1320 | | - | (f) Any surplus in the Fund beyond what is necessary to |
---|
1321 | | - | ensure compliance with subsections (a) through (e) or moneys |
---|
1322 | | - | that are specifically appropriated for those purposes shall be |
---|
1323 | | - | used by the Illinois State Police to award grants to assist |
---|
1324 | | - | with the data reporting requirements of the Gun Trafficking |
---|
1325 | | - | Information Act. |
---|
1326 | | - | |
---|
1327 | | - | |
---|
1328 | | - | (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.) |
---|
1329 | | - | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
---|
1330 | | - | Sec. 8.3. Money in the Road Fund shall, if and when the |
---|
1331 | | - | State of Illinois incurs any bonded indebtedness for the |
---|
1332 | | - | construction of permanent highways, be set aside and used for |
---|
1333 | | - | the purpose of paying and discharging annually the principal |
---|
1334 | | - | and interest on that bonded indebtedness then due and payable, |
---|
1335 | | - | and for no other purpose. The surplus, if any, in the Road Fund |
---|
1336 | | - | after the payment of principal and interest on that bonded |
---|
1337 | | - | indebtedness then annually due shall be used as follows: |
---|
1338 | | - | first -- to pay the cost of administration of Chapters |
---|
1339 | | - | 2 through 10 of the Illinois Vehicle Code, except the cost |
---|
1340 | | - | of administration of Articles I and II of Chapter 3 of that |
---|
1341 | | - | Code, and to pay the costs of the Executive Ethics |
---|
1342 | | - | Commission for oversight and administration of the Chief |
---|
1343 | | - | Procurement Officer appointed under paragraph (2) of |
---|
1344 | | - | subsection (a) of Section 10-20 of the Illinois |
---|
1345 | | - | Procurement Code for transportation; and |
---|
1346 | | - | secondly -- for expenses of the Department of |
---|
1347 | | - | Transportation for construction, reconstruction, |
---|
1348 | | - | improvement, repair, maintenance, operation, and |
---|
1349 | | - | administration of highways in accordance with the |
---|
1350 | | - | provisions of laws relating thereto, or for any purpose |
---|
1351 | | - | related or incident to and connected therewith, including |
---|
1352 | | - | the separation of grades of those highways with railroads |
---|
1353 | | - | |
---|
1354 | | - | |
---|
1355 | | - | and with highways and including the payment of awards made |
---|
1356 | | - | by the Illinois Workers' Compensation Commission under the |
---|
1357 | | - | terms of the Workers' Compensation Act or Workers' |
---|
1358 | | - | Occupational Diseases Act for injury or death of an |
---|
1359 | | - | employee of the Division of Highways in the Department of |
---|
1360 | | - | Transportation; or for the acquisition of land and the |
---|
1361 | | - | erection of buildings for highway purposes, including the |
---|
1362 | | - | acquisition of highway right-of-way or for investigations |
---|
1363 | | - | to determine the reasonably anticipated future highway |
---|
1364 | | - | needs; or for making of surveys, plans, specifications and |
---|
1365 | | - | estimates for and in the construction and maintenance of |
---|
1366 | | - | flight strips and of highways necessary to provide access |
---|
1367 | | - | to military and naval reservations, to defense industries |
---|
1368 | | - | and defense-industry sites, and to the sources of raw |
---|
1369 | | - | materials and for replacing existing highways and highway |
---|
1370 | | - | connections shut off from general public use at military |
---|
1371 | | - | and naval reservations and defense-industry sites, or for |
---|
1372 | | - | the purchase of right-of-way, except that the State shall |
---|
1373 | | - | be reimbursed in full for any expense incurred in building |
---|
1374 | | - | the flight strips; or for the operating and maintaining of |
---|
1375 | | - | highway garages; or for patrolling and policing the public |
---|
1376 | | - | highways and conserving the peace; or for the operating |
---|
1377 | | - | expenses of the Department relating to the administration |
---|
1378 | | - | of public transportation programs; or, during fiscal year |
---|
1379 | | - | 2022, for the purposes of a grant not to exceed $8,394,800 |
---|
1380 | | - | to the Regional Transportation Authority on behalf of PACE |
---|
1381 | | - | |
---|
1382 | | - | |
---|
1383 | | - | for the purpose of ADA/Para-transit expenses; or, during |
---|
1384 | | - | fiscal year 2023, for the purposes of a grant not to exceed |
---|
1385 | | - | $8,394,800 to the Regional Transportation Authority on |
---|
1386 | | - | behalf of PACE for the purpose of ADA/Para-transit |
---|
1387 | | - | expenses; or for any of those purposes or any other |
---|
1388 | | - | purpose that may be provided by law. |
---|
1389 | | - | Appropriations for any of those purposes are payable from |
---|
1390 | | - | the Road Fund. Appropriations may also be made from the Road |
---|
1391 | | - | Fund for the administrative expenses of any State agency that |
---|
1392 | | - | are related to motor vehicles or arise from the use of motor |
---|
1393 | | - | vehicles. |
---|
1394 | | - | Beginning with fiscal year 1980 and thereafter, no Road |
---|
1395 | | - | Fund monies shall be appropriated to the following Departments |
---|
1396 | | - | or agencies of State government for administration, grants, or |
---|
1397 | | - | operations; but this limitation is not a restriction upon |
---|
1398 | | - | appropriating for those purposes any Road Fund monies that are |
---|
1399 | | - | eligible for federal reimbursement: |
---|
1400 | | - | 1. Department of Public Health; |
---|
1401 | | - | 2. Department of Transportation, only with respect to |
---|
1402 | | - | subsidies for one-half fare Student Transportation and |
---|
1403 | | - | Reduced Fare for Elderly, except fiscal year 2022 when no |
---|
1404 | | - | more than $17,570,000 may be expended and except fiscal |
---|
1405 | | - | year 2023 when no more than $17,570,000 may be expended; |
---|
1406 | | - | 3. Department of Central Management Services, except |
---|
1407 | | - | for expenditures incurred for group insurance premiums of |
---|
1408 | | - | appropriate personnel; |
---|
1409 | | - | |
---|
1410 | | - | |
---|
1411 | | - | 4. Judicial Systems and Agencies. |
---|
1412 | | - | Beginning with fiscal year 1981 and thereafter, no Road |
---|
1413 | | - | Fund monies shall be appropriated to the following Departments |
---|
1414 | | - | or agencies of State government for administration, grants, or |
---|
1415 | | - | operations; but this limitation is not a restriction upon |
---|
1416 | | - | appropriating for those purposes any Road Fund monies that are |
---|
1417 | | - | eligible for federal reimbursement: |
---|
1418 | | - | 1. Illinois State Police, except for expenditures with |
---|
1419 | | - | respect to the Division of Patrol Operations and Division |
---|
1420 | | - | of Criminal Investigation; |
---|
1421 | | - | 2. Department of Transportation, only with respect to |
---|
1422 | | - | Intercity Rail Subsidies, except fiscal year 2022 when no |
---|
1423 | | - | more than $50,000,000 may be expended and except fiscal |
---|
1424 | | - | year 2023 when no more than $55,000,000 may be expended, |
---|
1425 | | - | and Rail Freight Services. |
---|
1426 | | - | Beginning with fiscal year 1982 and thereafter, no Road |
---|
1427 | | - | Fund monies shall be appropriated to the following Departments |
---|
1428 | | - | or agencies of State government for administration, grants, or |
---|
1429 | | - | operations; but this limitation is not a restriction upon |
---|
1430 | | - | appropriating for those purposes any Road Fund monies that are |
---|
1431 | | - | eligible for federal reimbursement: Department of Central |
---|
1432 | | - | Management Services, except for awards made by the Illinois |
---|
1433 | | - | Workers' Compensation Commission under the terms of the |
---|
1434 | | - | Workers' Compensation Act or Workers' Occupational Diseases |
---|
1435 | | - | Act for injury or death of an employee of the Division of |
---|
1436 | | - | Highways in the Department of Transportation. |
---|
1437 | | - | |
---|
1438 | | - | |
---|
1439 | | - | Beginning with fiscal year 1984 and thereafter, no Road |
---|
1440 | | - | Fund monies shall be appropriated to the following Departments |
---|
1441 | | - | or agencies of State government for administration, grants, or |
---|
1442 | | - | operations; but this limitation is not a restriction upon |
---|
1443 | | - | appropriating for those purposes any Road Fund monies that are |
---|
1444 | | - | eligible for federal reimbursement: |
---|
1445 | | - | 1. Illinois State Police, except not more than 40% of |
---|
1446 | | - | the funds appropriated for the Division of Patrol |
---|
1447 | | - | Operations and Division of Criminal Investigation; |
---|
1448 | | - | 2. State Officers. |
---|
1449 | | - | Beginning with fiscal year 1984 and thereafter, no Road |
---|
1450 | | - | Fund monies shall be appropriated to any Department or agency |
---|
1451 | | - | of State government for administration, grants, or operations |
---|
1452 | | - | except as provided hereafter; but this limitation is not a |
---|
1453 | | - | restriction upon appropriating for those purposes any Road |
---|
1454 | | - | Fund monies that are eligible for federal reimbursement. It |
---|
1455 | | - | shall not be lawful to circumvent the above appropriation |
---|
1456 | | - | limitations by governmental reorganization or other methods. |
---|
1457 | | - | Appropriations shall be made from the Road Fund only in |
---|
1458 | | - | accordance with the provisions of this Section. |
---|
1459 | | - | Money in the Road Fund shall, if and when the State of |
---|
1460 | | - | Illinois incurs any bonded indebtedness for the construction |
---|
1461 | | - | of permanent highways, be set aside and used for the purpose of |
---|
1462 | | - | paying and discharging during each fiscal year the principal |
---|
1463 | | - | and interest on that bonded indebtedness as it becomes due and |
---|
1464 | | - | payable as provided in the Transportation Bond Act, and for no |
---|
1465 | | - | |
---|
1466 | | - | |
---|
1467 | | - | other purpose. The surplus, if any, in the Road Fund after the |
---|
1468 | | - | payment of principal and interest on that bonded indebtedness |
---|
1469 | | - | then annually due shall be used as follows: |
---|
1470 | | - | first -- to pay the cost of administration of Chapters |
---|
1471 | | - | 2 through 10 of the Illinois Vehicle Code; and |
---|
1472 | | - | secondly -- no Road Fund monies derived from fees, |
---|
1473 | | - | excises, or license taxes relating to registration, |
---|
1474 | | - | operation and use of vehicles on public highways or to |
---|
1475 | | - | fuels used for the propulsion of those vehicles, shall be |
---|
1476 | | - | appropriated or expended other than for costs of |
---|
1477 | | - | administering the laws imposing those fees, excises, and |
---|
1478 | | - | license taxes, statutory refunds and adjustments allowed |
---|
1479 | | - | thereunder, administrative costs of the Department of |
---|
1480 | | - | Transportation, including, but not limited to, the |
---|
1481 | | - | operating expenses of the Department relating to the |
---|
1482 | | - | administration of public transportation programs, payment |
---|
1483 | | - | of debts and liabilities incurred in construction and |
---|
1484 | | - | reconstruction of public highways and bridges, acquisition |
---|
1485 | | - | of rights-of-way for and the cost of construction, |
---|
1486 | | - | reconstruction, maintenance, repair, and operation of |
---|
1487 | | - | public highways and bridges under the direction and |
---|
1488 | | - | supervision of the State, political subdivision, or |
---|
1489 | | - | municipality collecting those monies, or during fiscal |
---|
1490 | | - | year 2022 for the purposes of a grant not to exceed |
---|
1491 | | - | $8,394,800 to the Regional Transportation Authority on |
---|
1492 | | - | behalf of PACE for the purpose of ADA/Para-transit |
---|
1493 | | - | |
---|
1494 | | - | |
---|
1495 | | - | expenses, or during fiscal year 2023 for the purposes of a |
---|
1496 | | - | grant not to exceed $8,394,800 to the Regional |
---|
1497 | | - | Transportation Authority on behalf of PACE for the purpose |
---|
1498 | | - | of ADA/Para-transit expenses, and the costs for patrolling |
---|
1499 | | - | and policing the public highways (by the State, political |
---|
1500 | | - | subdivision, or municipality collecting that money) for |
---|
1501 | | - | enforcement of traffic laws. The separation of grades of |
---|
1502 | | - | such highways with railroads and costs associated with |
---|
1503 | | - | protection of at-grade highway and railroad crossing shall |
---|
1504 | | - | also be permissible. |
---|
1505 | | - | Appropriations for any of such purposes are payable from |
---|
1506 | | - | the Road Fund or the Grade Crossing Protection Fund as |
---|
1507 | | - | provided in Section 8 of the Motor Fuel Tax Law. |
---|
1508 | | - | Except as provided in this paragraph, beginning with |
---|
1509 | | - | fiscal year 1991 and thereafter, no Road Fund monies shall be |
---|
1510 | | - | appropriated to the Illinois State Police for the purposes of |
---|
1511 | | - | this Section in excess of its total fiscal year 1990 Road Fund |
---|
1512 | | - | appropriations for those purposes unless otherwise provided in |
---|
1513 | | - | Section 5g of this Act. For fiscal years 2003, 2004, 2005, |
---|
1514 | | - | 2006, and 2007 only, no Road Fund monies shall be appropriated |
---|
1515 | | - | to the Department of State Police for the purposes of this |
---|
1516 | | - | Section in excess of $97,310,000. For fiscal year 2008 only, |
---|
1517 | | - | no Road Fund monies shall be appropriated to the Department of |
---|
1518 | | - | State Police for the purposes of this Section in excess of |
---|
1519 | | - | $106,100,000. For fiscal year 2009 only, no Road Fund monies |
---|
1520 | | - | shall be appropriated to the Department of State Police for |
---|
1521 | | - | |
---|
1522 | | - | |
---|
1523 | | - | the purposes of this Section in excess of $114,700,000. |
---|
1524 | | - | Beginning in fiscal year 2010, no road fund moneys shall be |
---|
1525 | | - | appropriated to the Illinois State Police. It shall not be |
---|
1526 | | - | lawful to circumvent this limitation on appropriations by |
---|
1527 | | - | governmental reorganization or other methods unless otherwise |
---|
1528 | | - | provided in Section 5g of this Act. |
---|
1529 | | - | In fiscal year 1994, no Road Fund monies shall be |
---|
1530 | | - | appropriated to the Secretary of State for the purposes of |
---|
1531 | | - | this Section in excess of the total fiscal year 1991 Road Fund |
---|
1532 | | - | appropriations to the Secretary of State for those purposes, |
---|
1533 | | - | plus $9,800,000. It shall not be lawful to circumvent this |
---|
1534 | | - | limitation on appropriations by governmental reorganization or |
---|
1535 | | - | other method. |
---|
1536 | | - | Beginning with fiscal year 1995 and thereafter, no Road |
---|
1537 | | - | Fund monies shall be appropriated to the Secretary of State |
---|
1538 | | - | for the purposes of this Section in excess of the total fiscal |
---|
1539 | | - | year 1994 Road Fund appropriations to the Secretary of State |
---|
1540 | | - | for those purposes. It shall not be lawful to circumvent this |
---|
1541 | | - | limitation on appropriations by governmental reorganization or |
---|
1542 | | - | other methods. |
---|
1543 | | - | Beginning with fiscal year 2000, total Road Fund |
---|
1544 | | - | appropriations to the Secretary of State for the purposes of |
---|
1545 | | - | this Section shall not exceed the amounts specified for the |
---|
1546 | | - | following fiscal years: |
---|
1547 | | - | Fiscal Year 2000$80,500,000; Fiscal Year 2001$80,500,000; Fiscal Year 2000 $80,500,000; Fiscal Year 2001 $80,500,000; |
---|
1548 | | - | Fiscal Year 2000 $80,500,000; |
---|
1549 | | - | Fiscal Year 2001 $80,500,000; |
---|
1550 | | - | |
---|
1551 | | - | |
---|
1552 | | - | Fiscal Year 2000 $80,500,000; |
---|
1553 | | - | Fiscal Year 2001 $80,500,000; |
---|
1554 | | - | |
---|
1555 | | - | |
---|
1556 | | - | Fiscal Year 2002$80,500,000; Fiscal Year 2003$130,500,000; Fiscal Year 2004$130,500,000; Fiscal Year 2005$130,500,000; Fiscal Year 2006 $130,500,000; Fiscal Year 2007 $130,500,000; Fiscal Year 2008$130,500,000; Fiscal Year 2009 $130,500,000. Fiscal Year 2002 $80,500,000; Fiscal Year 2003 $130,500,000; Fiscal Year 2004 $130,500,000; Fiscal Year 2005 $130,500,000; Fiscal Year 2006 $130,500,000; Fiscal Year 2007 $130,500,000; Fiscal Year 2008 $130,500,000; Fiscal Year 2009 $130,500,000. |
---|
1557 | | - | Fiscal Year 2002 $80,500,000; |
---|
1558 | | - | Fiscal Year 2003 $130,500,000; |
---|
1559 | | - | Fiscal Year 2004 $130,500,000; |
---|
1560 | | - | Fiscal Year 2005 $130,500,000; |
---|
1561 | | - | Fiscal Year 2006 $130,500,000; |
---|
1562 | | - | Fiscal Year 2007 $130,500,000; |
---|
1563 | | - | Fiscal Year 2008 $130,500,000; |
---|
1564 | | - | Fiscal Year 2009 $130,500,000. |
---|
1565 | | - | For fiscal year 2010, no road fund moneys shall be |
---|
1566 | | - | appropriated to the Secretary of State. |
---|
1567 | | - | Beginning in fiscal year 2011, moneys in the Road Fund |
---|
1568 | | - | shall be appropriated to the Secretary of State for the |
---|
1569 | | - | exclusive purpose of paying refunds due to overpayment of fees |
---|
1570 | | - | related to Chapter 3 of the Illinois Vehicle Code unless |
---|
1571 | | - | otherwise provided for by law. |
---|
1572 | | - | It shall not be lawful to circumvent this limitation on |
---|
1573 | | - | appropriations by governmental reorganization or other |
---|
1574 | | - | methods. |
---|
1575 | | - | No new program may be initiated in fiscal year 1991 and |
---|
1576 | | - | thereafter that is not consistent with the limitations imposed |
---|
1577 | | - | by this Section for fiscal year 1984 and thereafter, insofar |
---|
1578 | | - | as appropriation of Road Fund monies is concerned. |
---|
1579 | | - | Nothing in this Section prohibits transfers from the Road |
---|
1580 | | - | Fund to the State Construction Account Fund under Section 5e |
---|
1581 | | - | of this Act; nor to the General Revenue Fund, as authorized by |
---|
1582 | | - | Public Act 93-25. |
---|
1583 | | - | |
---|
1584 | | - | Fiscal Year 2002 $80,500,000; |
---|
1585 | | - | Fiscal Year 2003 $130,500,000; |
---|
1586 | | - | Fiscal Year 2004 $130,500,000; |
---|
1587 | | - | Fiscal Year 2005 $130,500,000; |
---|
1588 | | - | Fiscal Year 2006 $130,500,000; |
---|
1589 | | - | Fiscal Year 2007 $130,500,000; |
---|
1590 | | - | Fiscal Year 2008 $130,500,000; |
---|
1591 | | - | Fiscal Year 2009 $130,500,000. |
---|
1592 | | - | |
---|
1593 | | - | |
---|
1594 | | - | The additional amounts authorized for expenditure in this |
---|
1595 | | - | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 |
---|
1596 | | - | shall be repaid to the Road Fund from the General Revenue Fund |
---|
1597 | | - | in the next succeeding fiscal year that the General Revenue |
---|
1598 | | - | Fund has a positive budgetary balance, as determined by |
---|
1599 | | - | generally accepted accounting principles applicable to |
---|
1600 | | - | government. |
---|
1601 | | - | The additional amounts authorized for expenditure by the |
---|
1602 | | - | Secretary of State and the Department of State Police in this |
---|
1603 | | - | Section by Public Act 94-91 shall be repaid to the Road Fund |
---|
1604 | | - | from the General Revenue Fund in the next succeeding fiscal |
---|
1605 | | - | year that the General Revenue Fund has a positive budgetary |
---|
1606 | | - | balance, as determined by generally accepted accounting |
---|
1607 | | - | principles applicable to government. |
---|
1608 | | - | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
---|
1609 | | - | 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. |
---|
1610 | | - | 4-19-22; 102-813, eff. 5-13-22.) |
---|
1611 | | - | (30 ILCS 105/5.783 rep.) |
---|
1612 | | - | (30 ILCS 105/8p rep.) |
---|
1613 | | - | Section 30. The State Finance Act is amended by repealing |
---|
1614 | | - | Sections 5.783 and 8p. |
---|
1615 | | - | Section 31. The Intergovernmental Drug Laws Enforcement |
---|
1616 | | - | Act is amended by changing Section 3 as follows: |
---|
1617 | | - | |
---|
1618 | | - | |
---|
1619 | | - | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703) |
---|
1620 | | - | Sec. 3. A Metropolitan Enforcement Group which meets the |
---|
1621 | | - | minimum criteria established in this Section is eligible to |
---|
1622 | | - | receive State grants to help defray the costs of operation. To |
---|
1623 | | - | be eligible a MEG must: |
---|
1624 | | - | (1) Be established and operating pursuant to |
---|
1625 | | - | intergovernmental contracts written and executed in |
---|
1626 | | - | conformity with the Intergovernmental Cooperation Act, and |
---|
1627 | | - | involve 2 or more units of local government. |
---|
1628 | | - | (2) Establish a MEG Policy Board composed of an |
---|
1629 | | - | elected official, or his designee, and the chief law |
---|
1630 | | - | enforcement officer, or his designee, from each |
---|
1631 | | - | participating unit of local government to oversee the |
---|
1632 | | - | operations of the MEG and make such reports to the |
---|
1633 | | - | Illinois State Police as the Illinois State Police may |
---|
1634 | | - | require. |
---|
1635 | | - | (3) Designate a single appropriate elected official of |
---|
1636 | | - | a participating unit of local government to act as the |
---|
1637 | | - | financial officer of the MEG for all participating units |
---|
1638 | | - | of local government and to receive funds for the operation |
---|
1639 | | - | of the MEG. |
---|
1640 | | - | (4) Limit its operations to enforcement of drug laws; |
---|
1641 | | - | enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2, |
---|
1642 | | - | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3, |
---|
1643 | | - | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, |
---|
1644 | | - | 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code |
---|
1645 | | - | |
---|
1646 | | - | |
---|
1647 | | - | of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm |
---|
1648 | | - | Owners Identification Card Act; and the investigation of |
---|
1649 | | - | streetgang related offenses. |
---|
1650 | | - | (5) Cooperate with the Illinois State Police in order |
---|
1651 | | - | to assure compliance with this Act and to enable the |
---|
1652 | | - | Illinois State Police to fulfill its duties under this |
---|
1653 | | - | Act, and supply the Illinois State Police with all |
---|
1654 | | - | information the Illinois State Police deems necessary |
---|
1655 | | - | therefor. |
---|
1656 | | - | (6) Receive funding of at least 50% of the total |
---|
1657 | | - | operating budget of the MEG from the participating units |
---|
1658 | | - | of local government. |
---|
1659 | | - | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
---|
1660 | | - | 102-813, eff. 5-13-22.) |
---|
1661 | | - | Section 35. The School Code is amended by changing Section |
---|
1662 | | - | 10-27.1A as follows: |
---|
1663 | | - | (105 ILCS 5/10-27.1A) |
---|
1664 | | - | Sec. 10-27.1A. Firearms in schools. |
---|
1665 | | - | (a) All school officials, including teachers, school |
---|
1666 | | - | counselors, and support staff, shall immediately notify the |
---|
1667 | | - | office of the principal in the event that they observe any |
---|
1668 | | - | person in possession of a firearm on school grounds; provided |
---|
1669 | | - | that taking such immediate action to notify the office of the |
---|
1670 | | - | principal would not immediately endanger the health, safety, |
---|
1671 | | - | |
---|
1672 | | - | |
---|
1673 | | - | or welfare of students who are under the direct supervision of |
---|
1674 | | - | the school official or the school official. If the health, |
---|
1675 | | - | safety, or welfare of students under the direct supervision of |
---|
1676 | | - | the school official or of the school official is immediately |
---|
1677 | | - | endangered, the school official shall notify the office of the |
---|
1678 | | - | principal as soon as the students under his or her supervision |
---|
1679 | | - | and he or she are no longer under immediate danger. A report is |
---|
1680 | | - | not required by this Section when the school official knows |
---|
1681 | | - | that the person in possession of the firearm is a law |
---|
1682 | | - | enforcement official engaged in the conduct of his or her |
---|
1683 | | - | official duties. Any school official acting in good faith who |
---|
1684 | | - | makes such a report under this Section shall have immunity |
---|
1685 | | - | from any civil or criminal liability that might otherwise be |
---|
1686 | | - | incurred as a result of making the report. The identity of the |
---|
1687 | | - | school official making such report shall not be disclosed |
---|
1688 | | - | except as expressly and specifically authorized by law. |
---|
1689 | | - | Knowingly and willfully failing to comply with this Section is |
---|
1690 | | - | a petty offense. A second or subsequent offense is a Class C |
---|
1691 | | - | misdemeanor. |
---|
1692 | | - | (b) Upon receiving a report from any school official |
---|
1693 | | - | pursuant to this Section, or from any other person, the |
---|
1694 | | - | principal or his or her designee shall immediately notify a |
---|
1695 | | - | local law enforcement agency. If the person found to be in |
---|
1696 | | - | possession of a firearm on school grounds is a student, the |
---|
1697 | | - | principal or his or her designee shall also immediately notify |
---|
1698 | | - | that student's parent or guardian. Any principal or his or her |
---|
1699 | | - | |
---|
1700 | | - | |
---|
1701 | | - | designee acting in good faith who makes such reports under |
---|
1702 | | - | this Section shall have immunity from any civil or criminal |
---|
1703 | | - | liability that might otherwise be incurred or imposed as a |
---|
1704 | | - | result of making the reports. Knowingly and willfully failing |
---|
1705 | | - | to comply with this Section is a petty offense. A second or |
---|
1706 | | - | subsequent offense is a Class C misdemeanor. If the person |
---|
1707 | | - | found to be in possession of the firearm on school grounds is a |
---|
1708 | | - | minor, the law enforcement agency shall detain that minor |
---|
1709 | | - | until such time as the agency makes a determination pursuant |
---|
1710 | | - | to clause (a) of subsection (1) of Section 5-401 of the |
---|
1711 | | - | Juvenile Court Act of 1987, as to whether the agency |
---|
1712 | | - | reasonably believes that the minor is delinquent. If the law |
---|
1713 | | - | enforcement agency determines that probable cause exists to |
---|
1714 | | - | believe that the minor committed a violation of item (4) of |
---|
1715 | | - | subsection (a) of Section 24-1 of the Criminal Code of 2012 |
---|
1716 | | - | while on school grounds, the agency shall detain the minor for |
---|
1717 | | - | processing pursuant to Section 5-407 of the Juvenile Court Act |
---|
1718 | | - | of 1987. |
---|
1719 | | - | (c) Upon On or after January 1, 1997, upon receipt of any |
---|
1720 | | - | written, electronic, or verbal report from any school |
---|
1721 | | - | personnel regarding a verified incident involving a firearm in |
---|
1722 | | - | a school or on school owned or leased property, including any |
---|
1723 | | - | conveyance owned, leased, or used by the school for the |
---|
1724 | | - | transport of students or school personnel, the superintendent |
---|
1725 | | - | or his or her designee shall report all such firearm-related |
---|
1726 | | - | incidents occurring in a school or on school property to the |
---|
1727 | | - | |
---|
1728 | | - | |
---|
1729 | | - | local law enforcement authorities immediately, who shall |
---|
1730 | | - | report and to the Illinois State Police in a form, manner, and |
---|
1731 | | - | frequency as prescribed by the Illinois State Police. |
---|
1732 | | - | The State Board of Education shall receive an annual |
---|
1733 | | - | statistical compilation and related data associated with |
---|
1734 | | - | incidents involving firearms in schools from the Illinois |
---|
1735 | | - | State Police. The State Board of Education shall compile this |
---|
1736 | | - | information by school district and make it available to the |
---|
1737 | | - | public. |
---|
1738 | | - | (d) As used in this Section, the term "firearm" shall have |
---|
1739 | | - | the meaning ascribed to it in Section 1.1 of the Firearm Owners |
---|
1740 | | - | Identification Card Act. |
---|
1741 | | - | As used in this Section, the term "school" means any |
---|
1742 | | - | public or private elementary or secondary school. |
---|
1743 | | - | As used in this Section, the term "school grounds" |
---|
1744 | | - | includes the real property comprising any school, any |
---|
1745 | | - | conveyance owned, leased, or contracted by a school to |
---|
1746 | | - | transport students to or from school or a school-related |
---|
1747 | | - | activity, or any public way within 1,000 feet of the real |
---|
1748 | | - | property comprising any school. |
---|
1749 | | - | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; |
---|
1750 | | - | 102-813, eff. 5-13-22.) |
---|
1751 | | - | Section 40. The Illinois Pension Code is amended by |
---|
1752 | | - | changing Section 14-110 as follows: |
---|
1753 | | - | |
---|
1754 | | - | |
---|
1755 | | - | (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110) |
---|
1756 | | - | (Text of Section from P.A. 102-813) |
---|
1757 | | - | Sec. 14-110. Alternative retirement annuity. |
---|
1758 | | - | (a) Any member who has withdrawn from service with not |
---|
1759 | | - | less than 20 years of eligible creditable service and has |
---|
1760 | | - | attained age 55, and any member who has withdrawn from service |
---|
1761 | | - | with not less than 25 years of eligible creditable service and |
---|
1762 | | - | has attained age 50, regardless of whether the attainment of |
---|
1763 | | - | either of the specified ages occurs while the member is still |
---|
1764 | | - | in service, shall be entitled to receive at the option of the |
---|
1765 | | - | member, in lieu of the regular or minimum retirement annuity, |
---|
1766 | | - | a retirement annuity computed as follows: |
---|
1767 | | - | (i) for periods of service as a noncovered employee: |
---|
1768 | | - | if retirement occurs on or after January 1, 2001, 3% of |
---|
1769 | | - | final average compensation for each year of creditable |
---|
1770 | | - | service; if retirement occurs before January 1, 2001, 2 |
---|
1771 | | - | 1/4% of final average compensation for each of the first |
---|
1772 | | - | 10 years of creditable service, 2 1/2% for each year above |
---|
1773 | | - | 10 years to and including 20 years of creditable service, |
---|
1774 | | - | and 2 3/4% for each year of creditable service above 20 |
---|
1775 | | - | years; and |
---|
1776 | | - | (ii) for periods of eligible creditable service as a |
---|
1777 | | - | covered employee: if retirement occurs on or after January |
---|
1778 | | - | 1, 2001, 2.5% of final average compensation for each year |
---|
1779 | | - | of creditable service; if retirement occurs before January |
---|
1780 | | - | 1, 2001, 1.67% of final average compensation for each of |
---|
1781 | | - | |
---|
1782 | | - | |
---|
1783 | | - | the first 10 years of such service, 1.90% for each of the |
---|
1784 | | - | next 10 years of such service, 2.10% for each year of such |
---|
1785 | | - | service in excess of 20 but not exceeding 30, and 2.30% for |
---|
1786 | | - | each year in excess of 30. |
---|
1787 | | - | Such annuity shall be subject to a maximum of 75% of final |
---|
1788 | | - | average compensation if retirement occurs before January 1, |
---|
1789 | | - | 2001 or to a maximum of 80% of final average compensation if |
---|
1790 | | - | retirement occurs on or after January 1, 2001. |
---|
1791 | | - | These rates shall not be applicable to any service |
---|
1792 | | - | performed by a member as a covered employee which is not |
---|
1793 | | - | eligible creditable service. Service as a covered employee |
---|
1794 | | - | which is not eligible creditable service shall be subject to |
---|
1795 | | - | the rates and provisions of Section 14-108. |
---|
1796 | | - | (b) For the purpose of this Section, "eligible creditable |
---|
1797 | | - | service" means creditable service resulting from service in |
---|
1798 | | - | one or more of the following positions: |
---|
1799 | | - | (1) State policeman; |
---|
1800 | | - | (2) fire fighter in the fire protection service of a |
---|
1801 | | - | department; |
---|
1802 | | - | (3) air pilot; |
---|
1803 | | - | (4) special agent; |
---|
1804 | | - | (5) investigator for the Secretary of State; |
---|
1805 | | - | (6) conservation police officer; |
---|
1806 | | - | (7) investigator for the Department of Revenue or the |
---|
1807 | | - | Illinois Gaming Board; |
---|
1808 | | - | (8) security employee of the Department of Human |
---|
1809 | | - | |
---|
1810 | | - | |
---|
1811 | | - | Services; |
---|
1812 | | - | (9) Central Management Services security police |
---|
1813 | | - | officer; |
---|
1814 | | - | (10) security employee of the Department of |
---|
1815 | | - | Corrections or the Department of Juvenile Justice; |
---|
1816 | | - | (11) dangerous drugs investigator; |
---|
1817 | | - | (12) investigator for the Illinois State Police; |
---|
1818 | | - | (13) investigator for the Office of the Attorney |
---|
1819 | | - | General; |
---|
1820 | | - | (14) controlled substance inspector; |
---|
1821 | | - | (15) investigator for the Office of the State's |
---|
1822 | | - | Attorneys Appellate Prosecutor; |
---|
1823 | | - | (16) Commerce Commission police officer; |
---|
1824 | | - | (17) arson investigator; |
---|
1825 | | - | (18) State highway maintenance worker; |
---|
1826 | | - | (19) security employee of the Department of Innovation |
---|
1827 | | - | and Technology; or |
---|
1828 | | - | (20) transferred employee. |
---|
1829 | | - | A person employed in one of the positions specified in |
---|
1830 | | - | this subsection is entitled to eligible creditable service for |
---|
1831 | | - | service credit earned under this Article while undergoing the |
---|
1832 | | - | basic police training course approved by the Illinois Law |
---|
1833 | | - | Enforcement Training Standards Board, if completion of that |
---|
1834 | | - | training is required of persons serving in that position. For |
---|
1835 | | - | the purposes of this Code, service during the required basic |
---|
1836 | | - | police training course shall be deemed performance of the |
---|
1837 | | - | |
---|
1838 | | - | |
---|
1839 | | - | duties of the specified position, even though the person is |
---|
1840 | | - | not a sworn peace officer at the time of the training. |
---|
1841 | | - | A person under paragraph (20) is entitled to eligible |
---|
1842 | | - | creditable service for service credit earned under this |
---|
1843 | | - | Article on and after his or her transfer by Executive Order No. |
---|
1844 | | - | 2003-10, Executive Order No. 2004-2, or Executive Order No. |
---|
1845 | | - | 2016-1. |
---|
1846 | | - | (c) For the purposes of this Section: |
---|
1847 | | - | (1) The term "State policeman" includes any title or |
---|
1848 | | - | position in the Illinois State Police that is held by an |
---|
1849 | | - | individual employed under the Illinois State Police Act. |
---|
1850 | | - | (2) The term "fire fighter in the fire protection |
---|
1851 | | - | service of a department" includes all officers in such |
---|
1852 | | - | fire protection service including fire chiefs and |
---|
1853 | | - | assistant fire chiefs. |
---|
1854 | | - | (3) The term "air pilot" includes any employee whose |
---|
1855 | | - | official job description on file in the Department of |
---|
1856 | | - | Central Management Services, or in the department by which |
---|
1857 | | - | he is employed if that department is not covered by the |
---|
1858 | | - | Personnel Code, states that his principal duty is the |
---|
1859 | | - | operation of aircraft, and who possesses a pilot's |
---|
1860 | | - | license; however, the change in this definition made by |
---|
1861 | | - | Public Act 83-842 shall not operate to exclude any |
---|
1862 | | - | noncovered employee who was an "air pilot" for the |
---|
1863 | | - | purposes of this Section on January 1, 1984. |
---|
1864 | | - | (4) The term "special agent" means any person who by |
---|
1865 | | - | |
---|
1866 | | - | |
---|
1867 | | - | reason of employment by the Division of Narcotic Control, |
---|
1868 | | - | the Bureau of Investigation or, after July 1, 1977, the |
---|
1869 | | - | Division of Criminal Investigation, the Division of |
---|
1870 | | - | Internal Investigation, the Division of Operations, the |
---|
1871 | | - | Division of Patrol Operations, or any other Division or |
---|
1872 | | - | organizational entity in the Illinois State Police is |
---|
1873 | | - | vested by law with duties to maintain public order, |
---|
1874 | | - | investigate violations of the criminal law of this State, |
---|
1875 | | - | enforce the laws of this State, make arrests and recover |
---|
1876 | | - | property. The term "special agent" includes any title or |
---|
1877 | | - | position in the Illinois State Police that is held by an |
---|
1878 | | - | individual employed under the Illinois State Police Act. |
---|
1879 | | - | (5) The term "investigator for the Secretary of State" |
---|
1880 | | - | means any person employed by the Office of the Secretary |
---|
1881 | | - | of State and vested with such investigative duties as |
---|
1882 | | - | render him ineligible for coverage under the Social |
---|
1883 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
1884 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
1885 | | - | A person who became employed as an investigator for |
---|
1886 | | - | the Secretary of State between January 1, 1967 and |
---|
1887 | | - | December 31, 1975, and who has served as such until |
---|
1888 | | - | attainment of age 60, either continuously or with a single |
---|
1889 | | - | break in service of not more than 3 years duration, which |
---|
1890 | | - | break terminated before January 1, 1976, shall be entitled |
---|
1891 | | - | to have his retirement annuity calculated in accordance |
---|
1892 | | - | with subsection (a), notwithstanding that he has less than |
---|
1893 | | - | |
---|
1894 | | - | |
---|
1895 | | - | 20 years of credit for such service. |
---|
1896 | | - | (6) The term "Conservation Police Officer" means any |
---|
1897 | | - | person employed by the Division of Law Enforcement of the |
---|
1898 | | - | Department of Natural Resources and vested with such law |
---|
1899 | | - | enforcement duties as render him ineligible for coverage |
---|
1900 | | - | under the Social Security Act by reason of Sections |
---|
1901 | | - | 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The |
---|
1902 | | - | term "Conservation Police Officer" includes the positions |
---|
1903 | | - | of Chief Conservation Police Administrator and Assistant |
---|
1904 | | - | Conservation Police Administrator. |
---|
1905 | | - | (7) The term "investigator for the Department of |
---|
1906 | | - | Revenue" means any person employed by the Department of |
---|
1907 | | - | Revenue and vested with such investigative duties as |
---|
1908 | | - | render him ineligible for coverage under the Social |
---|
1909 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
1910 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
1911 | | - | The term "investigator for the Illinois Gaming Board" |
---|
1912 | | - | means any person employed as such by the Illinois Gaming |
---|
1913 | | - | Board and vested with such peace officer duties as render |
---|
1914 | | - | the person ineligible for coverage under the Social |
---|
1915 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
1916 | | - | 218(d)(8)(D), and 218(l)(1) of that Act. |
---|
1917 | | - | (8) The term "security employee of the Department of |
---|
1918 | | - | Human Services" means any person employed by the |
---|
1919 | | - | Department of Human Services who (i) is employed at the |
---|
1920 | | - | Chester Mental Health Center and has daily contact with |
---|
1921 | | - | |
---|
1922 | | - | |
---|
1923 | | - | the residents thereof, (ii) is employed within a security |
---|
1924 | | - | unit at a facility operated by the Department and has |
---|
1925 | | - | daily contact with the residents of the security unit, |
---|
1926 | | - | (iii) is employed at a facility operated by the Department |
---|
1927 | | - | that includes a security unit and is regularly scheduled |
---|
1928 | | - | to work at least 50% of his or her working hours within |
---|
1929 | | - | that security unit, or (iv) is a mental health police |
---|
1930 | | - | officer. "Mental health police officer" means any person |
---|
1931 | | - | employed by the Department of Human Services in a position |
---|
1932 | | - | pertaining to the Department's mental health and |
---|
1933 | | - | developmental disabilities functions who is vested with |
---|
1934 | | - | such law enforcement duties as render the person |
---|
1935 | | - | ineligible for coverage under the Social Security Act by |
---|
1936 | | - | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
---|
1937 | | - | 218(l)(1) of that Act. "Security unit" means that portion |
---|
1938 | | - | of a facility that is devoted to the care, containment, |
---|
1939 | | - | and treatment of persons committed to the Department of |
---|
1940 | | - | Human Services as sexually violent persons, persons unfit |
---|
1941 | | - | to stand trial, or persons not guilty by reason of |
---|
1942 | | - | insanity. With respect to past employment, references to |
---|
1943 | | - | the Department of Human Services include its predecessor, |
---|
1944 | | - | the Department of Mental Health and Developmental |
---|
1945 | | - | Disabilities. |
---|
1946 | | - | The changes made to this subdivision (c)(8) by Public |
---|
1947 | | - | Act 92-14 apply to persons who retire on or after January |
---|
1948 | | - | 1, 2001, notwithstanding Section 1-103.1. |
---|
1949 | | - | |
---|
1950 | | - | |
---|
1951 | | - | (9) "Central Management Services security police |
---|
1952 | | - | officer" means any person employed by the Department of |
---|
1953 | | - | Central Management Services who is vested with such law |
---|
1954 | | - | enforcement duties as render him ineligible for coverage |
---|
1955 | | - | under the Social Security Act by reason of Sections |
---|
1956 | | - | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
1957 | | - | (10) For a member who first became an employee under |
---|
1958 | | - | this Article before July 1, 2005, the term "security |
---|
1959 | | - | employee of the Department of Corrections or the |
---|
1960 | | - | Department of Juvenile Justice" means any employee of the |
---|
1961 | | - | Department of Corrections or the Department of Juvenile |
---|
1962 | | - | Justice or the former Department of Personnel, and any |
---|
1963 | | - | member or employee of the Prisoner Review Board, who has |
---|
1964 | | - | daily contact with inmates or youth by working within a |
---|
1965 | | - | correctional facility or Juvenile facility operated by the |
---|
1966 | | - | Department of Juvenile Justice or who is a parole officer |
---|
1967 | | - | or an employee who has direct contact with committed |
---|
1968 | | - | persons in the performance of his or her job duties. For a |
---|
1969 | | - | member who first becomes an employee under this Article on |
---|
1970 | | - | or after July 1, 2005, the term means an employee of the |
---|
1971 | | - | Department of Corrections or the Department of Juvenile |
---|
1972 | | - | Justice who is any of the following: (i) officially |
---|
1973 | | - | headquartered at a correctional facility or Juvenile |
---|
1974 | | - | facility operated by the Department of Juvenile Justice, |
---|
1975 | | - | (ii) a parole officer, (iii) a member of the apprehension |
---|
1976 | | - | unit, (iv) a member of the intelligence unit, (v) a member |
---|
1977 | | - | |
---|
1978 | | - | |
---|
1979 | | - | of the sort team, or (vi) an investigator. |
---|
1980 | | - | (11) The term "dangerous drugs investigator" means any |
---|
1981 | | - | person who is employed as such by the Department of Human |
---|
1982 | | - | Services. |
---|
1983 | | - | (12) The term "investigator for the Illinois State |
---|
1984 | | - | Police" means a person employed by the Illinois State |
---|
1985 | | - | Police who is vested under Section 4 of the Narcotic |
---|
1986 | | - | Control Division Abolition Act with such law enforcement |
---|
1987 | | - | powers as render him ineligible for coverage under the |
---|
1988 | | - | Social Security Act by reason of Sections 218(d)(5)(A), |
---|
1989 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
1990 | | - | (13) "Investigator for the Office of the Attorney |
---|
1991 | | - | General" means any person who is employed as such by the |
---|
1992 | | - | Office of the Attorney General and is vested with such |
---|
1993 | | - | investigative duties as render him ineligible for coverage |
---|
1994 | | - | under the Social Security Act by reason of Sections |
---|
1995 | | - | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For |
---|
1996 | | - | the period before January 1, 1989, the term includes all |
---|
1997 | | - | persons who were employed as investigators by the Office |
---|
1998 | | - | of the Attorney General, without regard to social security |
---|
1999 | | - | status. |
---|
2000 | | - | (14) "Controlled substance inspector" means any person |
---|
2001 | | - | who is employed as such by the Department of Professional |
---|
2002 | | - | Regulation and is vested with such law enforcement duties |
---|
2003 | | - | as render him ineligible for coverage under the Social |
---|
2004 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
2005 | | - | |
---|
2006 | | - | |
---|
2007 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. The term |
---|
2008 | | - | "controlled substance inspector" includes the Program |
---|
2009 | | - | Executive of Enforcement and the Assistant Program |
---|
2010 | | - | Executive of Enforcement. |
---|
2011 | | - | (15) The term "investigator for the Office of the |
---|
2012 | | - | State's Attorneys Appellate Prosecutor" means a person |
---|
2013 | | - | employed in that capacity on a full-time basis under the |
---|
2014 | | - | authority of Section 7.06 of the State's Attorneys |
---|
2015 | | - | Appellate Prosecutor's Act. |
---|
2016 | | - | (16) "Commerce Commission police officer" means any |
---|
2017 | | - | person employed by the Illinois Commerce Commission who is |
---|
2018 | | - | vested with such law enforcement duties as render him |
---|
2019 | | - | ineligible for coverage under the Social Security Act by |
---|
2020 | | - | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and |
---|
2021 | | - | 218(l)(1) of that Act. |
---|
2022 | | - | (17) "Arson investigator" means any person who is |
---|
2023 | | - | employed as such by the Office of the State Fire Marshal |
---|
2024 | | - | and is vested with such law enforcement duties as render |
---|
2025 | | - | the person ineligible for coverage under the Social |
---|
2026 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
2027 | | - | 218(d)(8)(D), and 218(l)(1) of that Act. A person who was |
---|
2028 | | - | employed as an arson investigator on January 1, 1995 and |
---|
2029 | | - | is no longer in service but not yet receiving a retirement |
---|
2030 | | - | annuity may convert his or her creditable service for |
---|
2031 | | - | employment as an arson investigator into eligible |
---|
2032 | | - | creditable service by paying to the System the difference |
---|
2033 | | - | |
---|
2034 | | - | |
---|
2035 | | - | between the employee contributions actually paid for that |
---|
2036 | | - | service and the amounts that would have been contributed |
---|
2037 | | - | if the applicant were contributing at the rate applicable |
---|
2038 | | - | to persons with the same social security status earning |
---|
2039 | | - | eligible creditable service on the date of application. |
---|
2040 | | - | (18) The term "State highway maintenance worker" means |
---|
2041 | | - | a person who is either of the following: |
---|
2042 | | - | (i) A person employed on a full-time basis by the |
---|
2043 | | - | Illinois Department of Transportation in the position |
---|
2044 | | - | of highway maintainer, highway maintenance lead |
---|
2045 | | - | worker, highway maintenance lead/lead worker, heavy |
---|
2046 | | - | construction equipment operator, power shovel |
---|
2047 | | - | operator, or bridge mechanic; and whose principal |
---|
2048 | | - | responsibility is to perform, on the roadway, the |
---|
2049 | | - | actual maintenance necessary to keep the highways that |
---|
2050 | | - | form a part of the State highway system in serviceable |
---|
2051 | | - | condition for vehicular traffic. |
---|
2052 | | - | (ii) A person employed on a full-time basis by the |
---|
2053 | | - | Illinois State Toll Highway Authority in the position |
---|
2054 | | - | of equipment operator/laborer H-4, equipment |
---|
2055 | | - | operator/laborer H-6, welder H-4, welder H-6, |
---|
2056 | | - | mechanical/electrical H-4, mechanical/electrical H-6, |
---|
2057 | | - | water/sewer H-4, water/sewer H-6, sign maker/hanger |
---|
2058 | | - | H-4, sign maker/hanger H-6, roadway lighting H-4, |
---|
2059 | | - | roadway lighting H-6, structural H-4, structural H-6, |
---|
2060 | | - | painter H-4, or painter H-6; and whose principal |
---|
2061 | | - | |
---|
2062 | | - | |
---|
2063 | | - | responsibility is to perform, on the roadway, the |
---|
2064 | | - | actual maintenance necessary to keep the Authority's |
---|
2065 | | - | tollways in serviceable condition for vehicular |
---|
2066 | | - | traffic. |
---|
2067 | | - | (19) The term "security employee of the Department of |
---|
2068 | | - | Innovation and Technology" means a person who was a |
---|
2069 | | - | security employee of the Department of Corrections or the |
---|
2070 | | - | Department of Juvenile Justice, was transferred to the |
---|
2071 | | - | Department of Innovation and Technology pursuant to |
---|
2072 | | - | Executive Order 2016-01, and continues to perform similar |
---|
2073 | | - | job functions under that Department. |
---|
2074 | | - | (20) "Transferred employee" means an employee who was |
---|
2075 | | - | transferred to the Department of Central Management |
---|
2076 | | - | Services by Executive Order No. 2003-10 or Executive Order |
---|
2077 | | - | No. 2004-2 or transferred to the Department of Innovation |
---|
2078 | | - | and Technology by Executive Order No. 2016-1, or both, and |
---|
2079 | | - | was entitled to eligible creditable service for services |
---|
2080 | | - | immediately preceding the transfer. |
---|
2081 | | - | (d) A security employee of the Department of Corrections |
---|
2082 | | - | or the Department of Juvenile Justice, a security employee of |
---|
2083 | | - | the Department of Human Services who is not a mental health |
---|
2084 | | - | police officer, and a security employee of the Department of |
---|
2085 | | - | Innovation and Technology shall not be eligible for the |
---|
2086 | | - | alternative retirement annuity provided by this Section unless |
---|
2087 | | - | he or she meets the following minimum age and service |
---|
2088 | | - | requirements at the time of retirement: |
---|
2089 | | - | |
---|
2090 | | - | |
---|
2091 | | - | (i) 25 years of eligible creditable service and age |
---|
2092 | | - | 55; or |
---|
2093 | | - | (ii) beginning January 1, 1987, 25 years of eligible |
---|
2094 | | - | creditable service and age 54, or 24 years of eligible |
---|
2095 | | - | creditable service and age 55; or |
---|
2096 | | - | (iii) beginning January 1, 1988, 25 years of eligible |
---|
2097 | | - | creditable service and age 53, or 23 years of eligible |
---|
2098 | | - | creditable service and age 55; or |
---|
2099 | | - | (iv) beginning January 1, 1989, 25 years of eligible |
---|
2100 | | - | creditable service and age 52, or 22 years of eligible |
---|
2101 | | - | creditable service and age 55; or |
---|
2102 | | - | (v) beginning January 1, 1990, 25 years of eligible |
---|
2103 | | - | creditable service and age 51, or 21 years of eligible |
---|
2104 | | - | creditable service and age 55; or |
---|
2105 | | - | (vi) beginning January 1, 1991, 25 years of eligible |
---|
2106 | | - | creditable service and age 50, or 20 years of eligible |
---|
2107 | | - | creditable service and age 55. |
---|
2108 | | - | Persons who have service credit under Article 16 of this |
---|
2109 | | - | Code for service as a security employee of the Department of |
---|
2110 | | - | Corrections or the Department of Juvenile Justice, or the |
---|
2111 | | - | Department of Human Services in a position requiring |
---|
2112 | | - | certification as a teacher may count such service toward |
---|
2113 | | - | establishing their eligibility under the service requirements |
---|
2114 | | - | of this Section; but such service may be used only for |
---|
2115 | | - | establishing such eligibility, and not for the purpose of |
---|
2116 | | - | increasing or calculating any benefit. |
---|
2117 | | - | |
---|
2118 | | - | |
---|
2119 | | - | (e) If a member enters military service while working in a |
---|
2120 | | - | position in which eligible creditable service may be earned, |
---|
2121 | | - | and returns to State service in the same or another such |
---|
2122 | | - | position, and fulfills in all other respects the conditions |
---|
2123 | | - | prescribed in this Article for credit for military service, |
---|
2124 | | - | such military service shall be credited as eligible creditable |
---|
2125 | | - | service for the purposes of the retirement annuity prescribed |
---|
2126 | | - | in this Section. |
---|
2127 | | - | (f) For purposes of calculating retirement annuities under |
---|
2128 | | - | this Section, periods of service rendered after December 31, |
---|
2129 | | - | 1968 and before October 1, 1975 as a covered employee in the |
---|
2130 | | - | position of special agent, conservation police officer, mental |
---|
2131 | | - | health police officer, or investigator for the Secretary of |
---|
2132 | | - | State, shall be deemed to have been service as a noncovered |
---|
2133 | | - | employee, provided that the employee pays to the System prior |
---|
2134 | | - | to retirement an amount equal to (1) the difference between |
---|
2135 | | - | the employee contributions that would have been required for |
---|
2136 | | - | such service as a noncovered employee, and the amount of |
---|
2137 | | - | employee contributions actually paid, plus (2) if payment is |
---|
2138 | | - | made after July 31, 1987, regular interest on the amount |
---|
2139 | | - | specified in item (1) from the date of service to the date of |
---|
2140 | | - | payment. |
---|
2141 | | - | For purposes of calculating retirement annuities under |
---|
2142 | | - | this Section, periods of service rendered after December 31, |
---|
2143 | | - | 1968 and before January 1, 1982 as a covered employee in the |
---|
2144 | | - | position of investigator for the Department of Revenue shall |
---|
2145 | | - | |
---|
2146 | | - | |
---|
2147 | | - | be deemed to have been service as a noncovered employee, |
---|
2148 | | - | provided that the employee pays to the System prior to |
---|
2149 | | - | retirement an amount equal to (1) the difference between the |
---|
2150 | | - | employee contributions that would have been required for such |
---|
2151 | | - | service as a noncovered employee, and the amount of employee |
---|
2152 | | - | contributions actually paid, plus (2) if payment is made after |
---|
2153 | | - | January 1, 1990, regular interest on the amount specified in |
---|
2154 | | - | item (1) from the date of service to the date of payment. |
---|
2155 | | - | (g) A State policeman may elect, not later than January 1, |
---|
2156 | | - | 1990, to establish eligible creditable service for up to 10 |
---|
2157 | | - | years of his service as a policeman under Article 3, by filing |
---|
2158 | | - | a written election with the Board, accompanied by payment of |
---|
2159 | | - | an amount to be determined by the Board, equal to (i) the |
---|
2160 | | - | difference between the amount of employee and employer |
---|
2161 | | - | contributions transferred to the System under Section 3-110.5, |
---|
2162 | | - | and the amounts that would have been contributed had such |
---|
2163 | | - | contributions been made at the rates applicable to State |
---|
2164 | | - | policemen, plus (ii) interest thereon at the effective rate |
---|
2165 | | - | for each year, compounded annually, from the date of service |
---|
2166 | | - | to the date of payment. |
---|
2167 | | - | Subject to the limitation in subsection (i), a State |
---|
2168 | | - | policeman may elect, not later than July 1, 1993, to establish |
---|
2169 | | - | eligible creditable service for up to 10 years of his service |
---|
2170 | | - | as a member of the County Police Department under Article 9, by |
---|
2171 | | - | filing a written election with the Board, accompanied by |
---|
2172 | | - | payment of an amount to be determined by the Board, equal to |
---|
2173 | | - | |
---|
2174 | | - | |
---|
2175 | | - | (i) the difference between the amount of employee and employer |
---|
2176 | | - | contributions transferred to the System under Section 9-121.10 |
---|
2177 | | - | and the amounts that would have been contributed had those |
---|
2178 | | - | contributions been made at the rates applicable to State |
---|
2179 | | - | policemen, plus (ii) interest thereon at the effective rate |
---|
2180 | | - | for each year, compounded annually, from the date of service |
---|
2181 | | - | to the date of payment. |
---|
2182 | | - | (h) Subject to the limitation in subsection (i), a State |
---|
2183 | | - | policeman or investigator for the Secretary of State may elect |
---|
2184 | | - | to establish eligible creditable service for up to 12 years of |
---|
2185 | | - | his service as a policeman under Article 5, by filing a written |
---|
2186 | | - | election with the Board on or before January 31, 1992, and |
---|
2187 | | - | paying to the System by January 31, 1994 an amount to be |
---|
2188 | | - | determined by the Board, equal to (i) the difference between |
---|
2189 | | - | the amount of employee and employer contributions transferred |
---|
2190 | | - | to the System under Section 5-236, and the amounts that would |
---|
2191 | | - | have been contributed had such contributions been made at the |
---|
2192 | | - | rates applicable to State policemen, plus (ii) interest |
---|
2193 | | - | thereon at the effective rate for each year, compounded |
---|
2194 | | - | annually, from the date of service to the date of payment. |
---|
2195 | | - | Subject to the limitation in subsection (i), a State |
---|
2196 | | - | policeman, conservation police officer, or investigator for |
---|
2197 | | - | the Secretary of State may elect to establish eligible |
---|
2198 | | - | creditable service for up to 10 years of service as a sheriff's |
---|
2199 | | - | law enforcement employee under Article 7, by filing a written |
---|
2200 | | - | election with the Board on or before January 31, 1993, and |
---|
2201 | | - | |
---|
2202 | | - | |
---|
2203 | | - | paying to the System by January 31, 1994 an amount to be |
---|
2204 | | - | determined by the Board, equal to (i) the difference between |
---|
2205 | | - | the amount of employee and employer contributions transferred |
---|
2206 | | - | to the System under Section 7-139.7, and the amounts that |
---|
2207 | | - | would have been contributed had such contributions been made |
---|
2208 | | - | at the rates applicable to State policemen, plus (ii) interest |
---|
2209 | | - | thereon at the effective rate for each year, compounded |
---|
2210 | | - | annually, from the date of service to the date of payment. |
---|
2211 | | - | Subject to the limitation in subsection (i), a State |
---|
2212 | | - | policeman, conservation police officer, or investigator for |
---|
2213 | | - | the Secretary of State may elect to establish eligible |
---|
2214 | | - | creditable service for up to 5 years of service as a police |
---|
2215 | | - | officer under Article 3, a policeman under Article 5, a |
---|
2216 | | - | sheriff's law enforcement employee under Article 7, a member |
---|
2217 | | - | of the county police department under Article 9, or a police |
---|
2218 | | - | officer under Article 15 by filing a written election with the |
---|
2219 | | - | Board and paying to the System an amount to be determined by |
---|
2220 | | - | the Board, equal to (i) the difference between the amount of |
---|
2221 | | - | employee and employer contributions transferred to the System |
---|
2222 | | - | under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
---|
2223 | | - | and the amounts that would have been contributed had such |
---|
2224 | | - | contributions been made at the rates applicable to State |
---|
2225 | | - | policemen, plus (ii) interest thereon at the effective rate |
---|
2226 | | - | for each year, compounded annually, from the date of service |
---|
2227 | | - | to the date of payment. |
---|
2228 | | - | Subject to the limitation in subsection (i), an |
---|
2229 | | - | |
---|
2230 | | - | |
---|
2231 | | - | investigator for the Office of the Attorney General, or an |
---|
2232 | | - | investigator for the Department of Revenue, may elect to |
---|
2233 | | - | establish eligible creditable service for up to 5 years of |
---|
2234 | | - | service as a police officer under Article 3, a policeman under |
---|
2235 | | - | Article 5, a sheriff's law enforcement employee under Article |
---|
2236 | | - | 7, or a member of the county police department under Article 9 |
---|
2237 | | - | by filing a written election with the Board within 6 months |
---|
2238 | | - | after August 25, 2009 (the effective date of Public Act |
---|
2239 | | - | 96-745) and paying to the System an amount to be determined by |
---|
2240 | | - | the Board, equal to (i) the difference between the amount of |
---|
2241 | | - | employee and employer contributions transferred to the System |
---|
2242 | | - | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
---|
2243 | | - | amounts that would have been contributed had such |
---|
2244 | | - | contributions been made at the rates applicable to State |
---|
2245 | | - | policemen, plus (ii) interest thereon at the actuarially |
---|
2246 | | - | assumed rate for each year, compounded annually, from the date |
---|
2247 | | - | of service to the date of payment. |
---|
2248 | | - | Subject to the limitation in subsection (i), a State |
---|
2249 | | - | policeman, conservation police officer, investigator for the |
---|
2250 | | - | Office of the Attorney General, an investigator for the |
---|
2251 | | - | Department of Revenue, or investigator for the Secretary of |
---|
2252 | | - | State may elect to establish eligible creditable service for |
---|
2253 | | - | up to 5 years of service as a person employed by a |
---|
2254 | | - | participating municipality to perform police duties, or law |
---|
2255 | | - | enforcement officer employed on a full-time basis by a forest |
---|
2256 | | - | preserve district under Article 7, a county corrections |
---|
2257 | | - | |
---|
2258 | | - | |
---|
2259 | | - | officer, or a court services officer under Article 9, by |
---|
2260 | | - | filing a written election with the Board within 6 months after |
---|
2261 | | - | August 25, 2009 (the effective date of Public Act 96-745) and |
---|
2262 | | - | paying to the System an amount to be determined by the Board, |
---|
2263 | | - | equal to (i) the difference between the amount of employee and |
---|
2264 | | - | employer contributions transferred to the System under |
---|
2265 | | - | Sections 7-139.8 and 9-121.10 and the amounts that would have |
---|
2266 | | - | been contributed had such contributions been made at the rates |
---|
2267 | | - | applicable to State policemen, plus (ii) interest thereon at |
---|
2268 | | - | the actuarially assumed rate for each year, compounded |
---|
2269 | | - | annually, from the date of service to the date of payment. |
---|
2270 | | - | Subject to the limitation in subsection (i), a State |
---|
2271 | | - | policeman, arson investigator, or Commerce Commission police |
---|
2272 | | - | officer may elect to establish eligible creditable service for |
---|
2273 | | - | up to 5 years of service as a person employed by a |
---|
2274 | | - | participating municipality to perform police duties under |
---|
2275 | | - | Article 7, a county corrections officer, a court services |
---|
2276 | | - | officer under Article 9, or a firefighter under Article 4 by |
---|
2277 | | - | filing a written election with the Board within 6 months after |
---|
2278 | | - | July 30, 2021 (the effective date of Public Act 102-210) and |
---|
2279 | | - | paying to the System an amount to be determined by the Board |
---|
2280 | | - | equal to (i) the difference between the amount of employee and |
---|
2281 | | - | employer contributions transferred to the System under |
---|
2282 | | - | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that |
---|
2283 | | - | would have been contributed had such contributions been made |
---|
2284 | | - | at the rates applicable to State policemen, plus (ii) interest |
---|
2285 | | - | |
---|
2286 | | - | |
---|
2287 | | - | thereon at the actuarially assumed rate for each year, |
---|
2288 | | - | compounded annually, from the date of service to the date of |
---|
2289 | | - | payment. |
---|
2290 | | - | Subject to the limitation in subsection (i), a |
---|
2291 | | - | conservation police officer may elect to establish eligible |
---|
2292 | | - | creditable service for up to 5 years of service as a person |
---|
2293 | | - | employed by a participating municipality to perform police |
---|
2294 | | - | duties under Article 7, a county corrections officer, or a |
---|
2295 | | - | court services officer under Article 9 by filing a written |
---|
2296 | | - | election with the Board within 6 months after July 30, 2021 |
---|
2297 | | - | (the effective date of Public Act 102-210) and paying to the |
---|
2298 | | - | System an amount to be determined by the Board equal to (i) the |
---|
2299 | | - | difference between the amount of employee and employer |
---|
2300 | | - | contributions transferred to the System under Sections 7-139.8 |
---|
2301 | | - | and 9-121.10 and the amounts that would have been contributed |
---|
2302 | | - | had such contributions been made at the rates applicable to |
---|
2303 | | - | State policemen, plus (ii) interest thereon at the actuarially |
---|
2304 | | - | assumed rate for each year, compounded annually, from the date |
---|
2305 | | - | of service to the date of payment. |
---|
2306 | | - | Notwithstanding the limitation in subsection (i), a State |
---|
2307 | | - | policeman or conservation police officer may elect to convert |
---|
2308 | | - | service credit earned under this Article to eligible |
---|
2309 | | - | creditable service, as defined by this Section, by filing a |
---|
2310 | | - | written election with the board within 6 months after July 30, |
---|
2311 | | - | 2021 (the effective date of Public Act 102-210) and paying to |
---|
2312 | | - | the System an amount to be determined by the Board equal to (i) |
---|
2313 | | - | |
---|
2314 | | - | |
---|
2315 | | - | the difference between the amount of employee contributions |
---|
2316 | | - | originally paid for that service and the amounts that would |
---|
2317 | | - | have been contributed had such contributions been made at the |
---|
2318 | | - | rates applicable to State policemen, plus (ii) the difference |
---|
2319 | | - | between the employer's normal cost of the credit prior to the |
---|
2320 | | - | conversion authorized by Public Act 102-210 and the employer's |
---|
2321 | | - | normal cost of the credit converted in accordance with Public |
---|
2322 | | - | Act 102-210, plus (iii) interest thereon at the actuarially |
---|
2323 | | - | assumed rate for each year, compounded annually, from the date |
---|
2324 | | - | of service to the date of payment. |
---|
2325 | | - | (i) The total amount of eligible creditable service |
---|
2326 | | - | established by any person under subsections (g), (h), (j), |
---|
2327 | | - | (k), (l), (l-5), and (o) of this Section shall not exceed 12 |
---|
2328 | | - | years. |
---|
2329 | | - | (j) Subject to the limitation in subsection (i), an |
---|
2330 | | - | investigator for the Office of the State's Attorneys Appellate |
---|
2331 | | - | Prosecutor or a controlled substance inspector may elect to |
---|
2332 | | - | establish eligible creditable service for up to 10 years of |
---|
2333 | | - | his service as a policeman under Article 3 or a sheriff's law |
---|
2334 | | - | enforcement employee under Article 7, by filing a written |
---|
2335 | | - | election with the Board, accompanied by payment of an amount |
---|
2336 | | - | to be determined by the Board, equal to (1) the difference |
---|
2337 | | - | between the amount of employee and employer contributions |
---|
2338 | | - | transferred to the System under Section 3-110.6 or 7-139.8, |
---|
2339 | | - | and the amounts that would have been contributed had such |
---|
2340 | | - | contributions been made at the rates applicable to State |
---|
2341 | | - | |
---|
2342 | | - | |
---|
2343 | | - | policemen, plus (2) interest thereon at the effective rate for |
---|
2344 | | - | each year, compounded annually, from the date of service to |
---|
2345 | | - | the date of payment. |
---|
2346 | | - | (k) Subject to the limitation in subsection (i) of this |
---|
2347 | | - | Section, an alternative formula employee may elect to |
---|
2348 | | - | establish eligible creditable service for periods spent as a |
---|
2349 | | - | full-time law enforcement officer or full-time corrections |
---|
2350 | | - | officer employed by the federal government or by a state or |
---|
2351 | | - | local government located outside of Illinois, for which credit |
---|
2352 | | - | is not held in any other public employee pension fund or |
---|
2353 | | - | retirement system. To obtain this credit, the applicant must |
---|
2354 | | - | file a written application with the Board by March 31, 1998, |
---|
2355 | | - | accompanied by evidence of eligibility acceptable to the Board |
---|
2356 | | - | and payment of an amount to be determined by the Board, equal |
---|
2357 | | - | to (1) employee contributions for the credit being |
---|
2358 | | - | established, based upon the applicant's salary on the first |
---|
2359 | | - | day as an alternative formula employee after the employment |
---|
2360 | | - | for which credit is being established and the rates then |
---|
2361 | | - | applicable to alternative formula employees, plus (2) an |
---|
2362 | | - | amount determined by the Board to be the employer's normal |
---|
2363 | | - | cost of the benefits accrued for the credit being established, |
---|
2364 | | - | plus (3) regular interest on the amounts in items (1) and (2) |
---|
2365 | | - | from the first day as an alternative formula employee after |
---|
2366 | | - | the employment for which credit is being established to the |
---|
2367 | | - | date of payment. |
---|
2368 | | - | (l) Subject to the limitation in subsection (i), a |
---|
2369 | | - | |
---|
2370 | | - | |
---|
2371 | | - | security employee of the Department of Corrections may elect, |
---|
2372 | | - | not later than July 1, 1998, to establish eligible creditable |
---|
2373 | | - | service for up to 10 years of his or her service as a policeman |
---|
2374 | | - | under Article 3, by filing a written election with the Board, |
---|
2375 | | - | accompanied by payment of an amount to be determined by the |
---|
2376 | | - | Board, equal to (i) the difference between the amount of |
---|
2377 | | - | employee and employer contributions transferred to the System |
---|
2378 | | - | under Section 3-110.5, and the amounts that would have been |
---|
2379 | | - | contributed had such contributions been made at the rates |
---|
2380 | | - | applicable to security employees of the Department of |
---|
2381 | | - | Corrections, plus (ii) interest thereon at the effective rate |
---|
2382 | | - | for each year, compounded annually, from the date of service |
---|
2383 | | - | to the date of payment. |
---|
2384 | | - | (l-5) Subject to the limitation in subsection (i) of this |
---|
2385 | | - | Section, a State policeman may elect to establish eligible |
---|
2386 | | - | creditable service for up to 5 years of service as a full-time |
---|
2387 | | - | law enforcement officer employed by the federal government or |
---|
2388 | | - | by a state or local government located outside of Illinois for |
---|
2389 | | - | which credit is not held in any other public employee pension |
---|
2390 | | - | fund or retirement system. To obtain this credit, the |
---|
2391 | | - | applicant must file a written application with the Board no |
---|
2392 | | - | later than 3 years after January 1, 2020 (the effective date of |
---|
2393 | | - | Public Act 101-610), accompanied by evidence of eligibility |
---|
2394 | | - | acceptable to the Board and payment of an amount to be |
---|
2395 | | - | determined by the Board, equal to (1) employee contributions |
---|
2396 | | - | for the credit being established, based upon the applicant's |
---|
2397 | | - | |
---|
2398 | | - | |
---|
2399 | | - | salary on the first day as an alternative formula employee |
---|
2400 | | - | after the employment for which credit is being established and |
---|
2401 | | - | the rates then applicable to alternative formula employees, |
---|
2402 | | - | plus (2) an amount determined by the Board to be the employer's |
---|
2403 | | - | normal cost of the benefits accrued for the credit being |
---|
2404 | | - | established, plus (3) regular interest on the amounts in items |
---|
2405 | | - | (1) and (2) from the first day as an alternative formula |
---|
2406 | | - | employee after the employment for which credit is being |
---|
2407 | | - | established to the date of payment. |
---|
2408 | | - | (m) The amendatory changes to this Section made by Public |
---|
2409 | | - | Act 94-696 apply only to: (1) security employees of the |
---|
2410 | | - | Department of Juvenile Justice employed by the Department of |
---|
2411 | | - | Corrections before June 1, 2006 (the effective date of Public |
---|
2412 | | - | Act 94-696) and transferred to the Department of Juvenile |
---|
2413 | | - | Justice by Public Act 94-696; and (2) persons employed by the |
---|
2414 | | - | Department of Juvenile Justice on or after June 1, 2006 (the |
---|
2415 | | - | effective date of Public Act 94-696) who are required by |
---|
2416 | | - | subsection (b) of Section 3-2.5-15 of the Unified Code of |
---|
2417 | | - | Corrections to have any bachelor's or advanced degree from an |
---|
2418 | | - | accredited college or university or, in the case of persons |
---|
2419 | | - | who provide vocational training, who are required to have |
---|
2420 | | - | adequate knowledge in the skill for which they are providing |
---|
2421 | | - | the vocational training. |
---|
2422 | | - | (n) A person employed in a position under subsection (b) |
---|
2423 | | - | of this Section who has purchased service credit under |
---|
2424 | | - | subsection (j) of Section 14-104 or subsection (b) of Section |
---|
2425 | | - | |
---|
2426 | | - | |
---|
2427 | | - | 14-105 in any other capacity under this Article may convert up |
---|
2428 | | - | to 5 years of that service credit into service credit covered |
---|
2429 | | - | under this Section by paying to the Fund an amount equal to (1) |
---|
2430 | | - | the additional employee contribution required under Section |
---|
2431 | | - | 14-133, plus (2) the additional employer contribution required |
---|
2432 | | - | under Section 14-131, plus (3) interest on items (1) and (2) at |
---|
2433 | | - | the actuarially assumed rate from the date of the service to |
---|
2434 | | - | the date of payment. |
---|
2435 | | - | (o) Subject to the limitation in subsection (i), a |
---|
2436 | | - | conservation police officer, investigator for the Secretary of |
---|
2437 | | - | State, Commerce Commission police officer, investigator for |
---|
2438 | | - | the Department of Revenue or the Illinois Gaming Board, or |
---|
2439 | | - | arson investigator subject to subsection (g) of Section 1-160 |
---|
2440 | | - | may elect to convert up to 8 years of service credit |
---|
2441 | | - | established before January 1, 2020 (the effective date of |
---|
2442 | | - | Public Act 101-610) as a conservation police officer, |
---|
2443 | | - | investigator for the Secretary of State, Commerce Commission |
---|
2444 | | - | police officer, investigator for the Department of Revenue or |
---|
2445 | | - | the Illinois Gaming Board, or arson investigator under this |
---|
2446 | | - | Article into eligible creditable service by filing a written |
---|
2447 | | - | election with the Board no later than one year after January 1, |
---|
2448 | | - | 2020 (the effective date of Public Act 101-610), accompanied |
---|
2449 | | - | by payment of an amount to be determined by the Board equal to |
---|
2450 | | - | (i) the difference between the amount of the employee |
---|
2451 | | - | contributions actually paid for that service and the amount of |
---|
2452 | | - | the employee contributions that would have been paid had the |
---|
2453 | | - | |
---|
2454 | | - | |
---|
2455 | | - | employee contributions been made as a noncovered employee |
---|
2456 | | - | serving in a position in which eligible creditable service, as |
---|
2457 | | - | defined in this Section, may be earned, plus (ii) interest |
---|
2458 | | - | thereon at the effective rate for each year, compounded |
---|
2459 | | - | annually, from the date of service to the date of payment. |
---|
2460 | | - | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
---|
2461 | | - | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
---|
2462 | | - | (Text of Section from P.A. 102-856) |
---|
2463 | | - | Sec. 14-110. Alternative retirement annuity. |
---|
2464 | | - | (a) Any member who has withdrawn from service with not |
---|
2465 | | - | less than 20 years of eligible creditable service and has |
---|
2466 | | - | attained age 55, and any member who has withdrawn from service |
---|
2467 | | - | with not less than 25 years of eligible creditable service and |
---|
2468 | | - | has attained age 50, regardless of whether the attainment of |
---|
2469 | | - | either of the specified ages occurs while the member is still |
---|
2470 | | - | in service, shall be entitled to receive at the option of the |
---|
2471 | | - | member, in lieu of the regular or minimum retirement annuity, |
---|
2472 | | - | a retirement annuity computed as follows: |
---|
2473 | | - | (i) for periods of service as a noncovered employee: |
---|
2474 | | - | if retirement occurs on or after January 1, 2001, 3% of |
---|
2475 | | - | final average compensation for each year of creditable |
---|
2476 | | - | service; if retirement occurs before January 1, 2001, 2 |
---|
2477 | | - | 1/4% of final average compensation for each of the first |
---|
2478 | | - | 10 years of creditable service, 2 1/2% for each year above |
---|
2479 | | - | 10 years to and including 20 years of creditable service, |
---|
2480 | | - | |
---|
2481 | | - | |
---|
2482 | | - | and 2 3/4% for each year of creditable service above 20 |
---|
2483 | | - | years; and |
---|
2484 | | - | (ii) for periods of eligible creditable service as a |
---|
2485 | | - | covered employee: if retirement occurs on or after January |
---|
2486 | | - | 1, 2001, 2.5% of final average compensation for each year |
---|
2487 | | - | of creditable service; if retirement occurs before January |
---|
2488 | | - | 1, 2001, 1.67% of final average compensation for each of |
---|
2489 | | - | the first 10 years of such service, 1.90% for each of the |
---|
2490 | | - | next 10 years of such service, 2.10% for each year of such |
---|
2491 | | - | service in excess of 20 but not exceeding 30, and 2.30% for |
---|
2492 | | - | each year in excess of 30. |
---|
2493 | | - | Such annuity shall be subject to a maximum of 75% of final |
---|
2494 | | - | average compensation if retirement occurs before January 1, |
---|
2495 | | - | 2001 or to a maximum of 80% of final average compensation if |
---|
2496 | | - | retirement occurs on or after January 1, 2001. |
---|
2497 | | - | These rates shall not be applicable to any service |
---|
2498 | | - | performed by a member as a covered employee which is not |
---|
2499 | | - | eligible creditable service. Service as a covered employee |
---|
2500 | | - | which is not eligible creditable service shall be subject to |
---|
2501 | | - | the rates and provisions of Section 14-108. |
---|
2502 | | - | (b) For the purpose of this Section, "eligible creditable |
---|
2503 | | - | service" means creditable service resulting from service in |
---|
2504 | | - | one or more of the following positions: |
---|
2505 | | - | (1) State policeman; |
---|
2506 | | - | (2) fire fighter in the fire protection service of a |
---|
2507 | | - | department; |
---|
2508 | | - | |
---|
2509 | | - | |
---|
2510 | | - | (3) air pilot; |
---|
2511 | | - | (4) special agent; |
---|
2512 | | - | (5) investigator for the Secretary of State; |
---|
2513 | | - | (6) conservation police officer; |
---|
2514 | | - | (7) investigator for the Department of Revenue or the |
---|
2515 | | - | Illinois Gaming Board; |
---|
2516 | | - | (8) security employee of the Department of Human |
---|
2517 | | - | Services; |
---|
2518 | | - | (9) Central Management Services security police |
---|
2519 | | - | officer; |
---|
2520 | | - | (10) security employee of the Department of |
---|
2521 | | - | Corrections or the Department of Juvenile Justice; |
---|
2522 | | - | (11) dangerous drugs investigator; |
---|
2523 | | - | (12) investigator for the Illinois State Police; |
---|
2524 | | - | (13) investigator for the Office of the Attorney |
---|
2525 | | - | General; |
---|
2526 | | - | (14) controlled substance inspector; |
---|
2527 | | - | (15) investigator for the Office of the State's |
---|
2528 | | - | Attorneys Appellate Prosecutor; |
---|
2529 | | - | (16) Commerce Commission police officer; |
---|
2530 | | - | (17) arson investigator; |
---|
2531 | | - | (18) State highway maintenance worker; |
---|
2532 | | - | (19) security employee of the Department of Innovation |
---|
2533 | | - | and Technology; or |
---|
2534 | | - | (20) transferred employee. |
---|
2535 | | - | A person employed in one of the positions specified in |
---|
2536 | | - | |
---|
2537 | | - | |
---|
2538 | | - | this subsection is entitled to eligible creditable service for |
---|
2539 | | - | service credit earned under this Article while undergoing the |
---|
2540 | | - | basic police training course approved by the Illinois Law |
---|
2541 | | - | Enforcement Training Standards Board, if completion of that |
---|
2542 | | - | training is required of persons serving in that position. For |
---|
2543 | | - | the purposes of this Code, service during the required basic |
---|
2544 | | - | police training course shall be deemed performance of the |
---|
2545 | | - | duties of the specified position, even though the person is |
---|
2546 | | - | not a sworn peace officer at the time of the training. |
---|
2547 | | - | A person under paragraph (20) is entitled to eligible |
---|
2548 | | - | creditable service for service credit earned under this |
---|
2549 | | - | Article on and after his or her transfer by Executive Order No. |
---|
2550 | | - | 2003-10, Executive Order No. 2004-2, or Executive Order No. |
---|
2551 | | - | 2016-1. |
---|
2552 | | - | (c) For the purposes of this Section: |
---|
2553 | | - | (1) The term "State policeman" includes any title or |
---|
2554 | | - | position in the Illinois State Police that is held by an |
---|
2555 | | - | individual employed under the Illinois State Police Act. |
---|
2556 | | - | (2) The term "fire fighter in the fire protection |
---|
2557 | | - | service of a department" includes all officers in such |
---|
2558 | | - | fire protection service including fire chiefs and |
---|
2559 | | - | assistant fire chiefs. |
---|
2560 | | - | (3) The term "air pilot" includes any employee whose |
---|
2561 | | - | official job description on file in the Department of |
---|
2562 | | - | Central Management Services, or in the department by which |
---|
2563 | | - | he is employed if that department is not covered by the |
---|
2564 | | - | |
---|
2565 | | - | |
---|
2566 | | - | Personnel Code, states that his principal duty is the |
---|
2567 | | - | operation of aircraft, and who possesses a pilot's |
---|
2568 | | - | license; however, the change in this definition made by |
---|
2569 | | - | Public Act 83-842 shall not operate to exclude any |
---|
2570 | | - | noncovered employee who was an "air pilot" for the |
---|
2571 | | - | purposes of this Section on January 1, 1984. |
---|
2572 | | - | (4) The term "special agent" means any person who by |
---|
2573 | | - | reason of employment by the Division of Narcotic Control, |
---|
2574 | | - | the Bureau of Investigation or, after July 1, 1977, the |
---|
2575 | | - | Division of Criminal Investigation, the Division of |
---|
2576 | | - | Internal Investigation, the Division of Operations, the |
---|
2577 | | - | Division of Patrol Operations, or any other Division or |
---|
2578 | | - | organizational entity in the Illinois State Police is |
---|
2579 | | - | vested by law with duties to maintain public order, |
---|
2580 | | - | investigate violations of the criminal law of this State, |
---|
2581 | | - | enforce the laws of this State, make arrests and recover |
---|
2582 | | - | property. The term "special agent" includes any title or |
---|
2583 | | - | position in the Illinois State Police that is held by an |
---|
2584 | | - | individual employed under the Illinois State Police Act. |
---|
2585 | | - | (5) The term "investigator for the Secretary of State" |
---|
2586 | | - | means any person employed by the Office of the Secretary |
---|
2587 | | - | of State and vested with such investigative duties as |
---|
2588 | | - | render him ineligible for coverage under the Social |
---|
2589 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
2590 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
2591 | | - | A person who became employed as an investigator for |
---|
2592 | | - | |
---|
2593 | | - | |
---|
2594 | | - | the Secretary of State between January 1, 1967 and |
---|
2595 | | - | December 31, 1975, and who has served as such until |
---|
2596 | | - | attainment of age 60, either continuously or with a single |
---|
2597 | | - | break in service of not more than 3 years duration, which |
---|
2598 | | - | break terminated before January 1, 1976, shall be entitled |
---|
2599 | | - | to have his retirement annuity calculated in accordance |
---|
2600 | | - | with subsection (a), notwithstanding that he has less than |
---|
2601 | | - | 20 years of credit for such service. |
---|
2602 | | - | (6) The term "Conservation Police Officer" means any |
---|
2603 | | - | person employed by the Division of Law Enforcement of the |
---|
2604 | | - | Department of Natural Resources and vested with such law |
---|
2605 | | - | enforcement duties as render him ineligible for coverage |
---|
2606 | | - | under the Social Security Act by reason of Sections |
---|
2607 | | - | 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The |
---|
2608 | | - | term "Conservation Police Officer" includes the positions |
---|
2609 | | - | of Chief Conservation Police Administrator and Assistant |
---|
2610 | | - | Conservation Police Administrator. |
---|
2611 | | - | (7) The term "investigator for the Department of |
---|
2612 | | - | Revenue" means any person employed by the Department of |
---|
2613 | | - | Revenue and vested with such investigative duties as |
---|
2614 | | - | render him ineligible for coverage under the Social |
---|
2615 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
2616 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
2617 | | - | The term "investigator for the Illinois Gaming Board" |
---|
2618 | | - | means any person employed as such by the Illinois Gaming |
---|
2619 | | - | Board and vested with such peace officer duties as render |
---|
2620 | | - | |
---|
2621 | | - | |
---|
2622 | | - | the person ineligible for coverage under the Social |
---|
2623 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
2624 | | - | 218(d)(8)(D), and 218(l)(1) of that Act. |
---|
2625 | | - | (8) The term "security employee of the Department of |
---|
2626 | | - | Human Services" means any person employed by the |
---|
2627 | | - | Department of Human Services who (i) is employed at the |
---|
2628 | | - | Chester Mental Health Center and has daily contact with |
---|
2629 | | - | the residents thereof, (ii) is employed within a security |
---|
2630 | | - | unit at a facility operated by the Department and has |
---|
2631 | | - | daily contact with the residents of the security unit, |
---|
2632 | | - | (iii) is employed at a facility operated by the Department |
---|
2633 | | - | that includes a security unit and is regularly scheduled |
---|
2634 | | - | to work at least 50% of his or her working hours within |
---|
2635 | | - | that security unit, or (iv) is a mental health police |
---|
2636 | | - | officer. "Mental health police officer" means any person |
---|
2637 | | - | employed by the Department of Human Services in a position |
---|
2638 | | - | pertaining to the Department's mental health and |
---|
2639 | | - | developmental disabilities functions who is vested with |
---|
2640 | | - | such law enforcement duties as render the person |
---|
2641 | | - | ineligible for coverage under the Social Security Act by |
---|
2642 | | - | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
---|
2643 | | - | 218(l)(1) of that Act. "Security unit" means that portion |
---|
2644 | | - | of a facility that is devoted to the care, containment, |
---|
2645 | | - | and treatment of persons committed to the Department of |
---|
2646 | | - | Human Services as sexually violent persons, persons unfit |
---|
2647 | | - | to stand trial, or persons not guilty by reason of |
---|
2648 | | - | |
---|
2649 | | - | |
---|
2650 | | - | insanity. With respect to past employment, references to |
---|
2651 | | - | the Department of Human Services include its predecessor, |
---|
2652 | | - | the Department of Mental Health and Developmental |
---|
2653 | | - | Disabilities. |
---|
2654 | | - | The changes made to this subdivision (c)(8) by Public |
---|
2655 | | - | Act 92-14 apply to persons who retire on or after January |
---|
2656 | | - | 1, 2001, notwithstanding Section 1-103.1. |
---|
2657 | | - | (9) "Central Management Services security police |
---|
2658 | | - | officer" means any person employed by the Department of |
---|
2659 | | - | Central Management Services who is vested with such law |
---|
2660 | | - | enforcement duties as render him ineligible for coverage |
---|
2661 | | - | under the Social Security Act by reason of Sections |
---|
2662 | | - | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
2663 | | - | (10) For a member who first became an employee under |
---|
2664 | | - | this Article before July 1, 2005, the term "security |
---|
2665 | | - | employee of the Department of Corrections or the |
---|
2666 | | - | Department of Juvenile Justice" means any employee of the |
---|
2667 | | - | Department of Corrections or the Department of Juvenile |
---|
2668 | | - | Justice or the former Department of Personnel, and any |
---|
2669 | | - | member or employee of the Prisoner Review Board, who has |
---|
2670 | | - | daily contact with inmates or youth by working within a |
---|
2671 | | - | correctional facility or Juvenile facility operated by the |
---|
2672 | | - | Department of Juvenile Justice or who is a parole officer |
---|
2673 | | - | or an employee who has direct contact with committed |
---|
2674 | | - | persons in the performance of his or her job duties. For a |
---|
2675 | | - | member who first becomes an employee under this Article on |
---|
2676 | | - | |
---|
2677 | | - | |
---|
2678 | | - | or after July 1, 2005, the term means an employee of the |
---|
2679 | | - | Department of Corrections or the Department of Juvenile |
---|
2680 | | - | Justice who is any of the following: (i) officially |
---|
2681 | | - | headquartered at a correctional facility or Juvenile |
---|
2682 | | - | facility operated by the Department of Juvenile Justice, |
---|
2683 | | - | (ii) a parole officer, (iii) a member of the apprehension |
---|
2684 | | - | unit, (iv) a member of the intelligence unit, (v) a member |
---|
2685 | | - | of the sort team, or (vi) an investigator. |
---|
2686 | | - | (11) The term "dangerous drugs investigator" means any |
---|
2687 | | - | person who is employed as such by the Department of Human |
---|
2688 | | - | Services. |
---|
2689 | | - | (12) The term "investigator for the Illinois State |
---|
2690 | | - | Police" means a person employed by the Illinois State |
---|
2691 | | - | Police who is vested under Section 4 of the Narcotic |
---|
2692 | | - | Control Division Abolition Act with such law enforcement |
---|
2693 | | - | powers as render him ineligible for coverage under the |
---|
2694 | | - | Social Security Act by reason of Sections 218(d)(5)(A), |
---|
2695 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
2696 | | - | (13) "Investigator for the Office of the Attorney |
---|
2697 | | - | General" means any person who is employed as such by the |
---|
2698 | | - | Office of the Attorney General and is vested with such |
---|
2699 | | - | investigative duties as render him ineligible for coverage |
---|
2700 | | - | under the Social Security Act by reason of Sections |
---|
2701 | | - | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For |
---|
2702 | | - | the period before January 1, 1989, the term includes all |
---|
2703 | | - | persons who were employed as investigators by the Office |
---|
2704 | | - | |
---|
2705 | | - | |
---|
2706 | | - | of the Attorney General, without regard to social security |
---|
2707 | | - | status. |
---|
2708 | | - | (14) "Controlled substance inspector" means any person |
---|
2709 | | - | who is employed as such by the Department of Professional |
---|
2710 | | - | Regulation and is vested with such law enforcement duties |
---|
2711 | | - | as render him ineligible for coverage under the Social |
---|
2712 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
2713 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. The term |
---|
2714 | | - | "controlled substance inspector" includes the Program |
---|
2715 | | - | Executive of Enforcement and the Assistant Program |
---|
2716 | | - | Executive of Enforcement. |
---|
2717 | | - | (15) The term "investigator for the Office of the |
---|
2718 | | - | State's Attorneys Appellate Prosecutor" means a person |
---|
2719 | | - | employed in that capacity on a full-time basis under the |
---|
2720 | | - | authority of Section 7.06 of the State's Attorneys |
---|
2721 | | - | Appellate Prosecutor's Act. |
---|
2722 | | - | (16) "Commerce Commission police officer" means any |
---|
2723 | | - | person employed by the Illinois Commerce Commission who is |
---|
2724 | | - | vested with such law enforcement duties as render him |
---|
2725 | | - | ineligible for coverage under the Social Security Act by |
---|
2726 | | - | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and |
---|
2727 | | - | 218(l)(1) of that Act. |
---|
2728 | | - | (17) "Arson investigator" means any person who is |
---|
2729 | | - | employed as such by the Office of the State Fire Marshal |
---|
2730 | | - | and is vested with such law enforcement duties as render |
---|
2731 | | - | the person ineligible for coverage under the Social |
---|
2732 | | - | |
---|
2733 | | - | |
---|
2734 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
2735 | | - | 218(d)(8)(D), and 218(l)(1) of that Act. A person who was |
---|
2736 | | - | employed as an arson investigator on January 1, 1995 and |
---|
2737 | | - | is no longer in service but not yet receiving a retirement |
---|
2738 | | - | annuity may convert his or her creditable service for |
---|
2739 | | - | employment as an arson investigator into eligible |
---|
2740 | | - | creditable service by paying to the System the difference |
---|
2741 | | - | between the employee contributions actually paid for that |
---|
2742 | | - | service and the amounts that would have been contributed |
---|
2743 | | - | if the applicant were contributing at the rate applicable |
---|
2744 | | - | to persons with the same social security status earning |
---|
2745 | | - | eligible creditable service on the date of application. |
---|
2746 | | - | (18) The term "State highway maintenance worker" means |
---|
2747 | | - | a person who is either of the following: |
---|
2748 | | - | (i) A person employed on a full-time basis by the |
---|
2749 | | - | Illinois Department of Transportation in the position |
---|
2750 | | - | of highway maintainer, highway maintenance lead |
---|
2751 | | - | worker, highway maintenance lead/lead worker, heavy |
---|
2752 | | - | construction equipment operator, power shovel |
---|
2753 | | - | operator, or bridge mechanic; and whose principal |
---|
2754 | | - | responsibility is to perform, on the roadway, the |
---|
2755 | | - | actual maintenance necessary to keep the highways that |
---|
2756 | | - | form a part of the State highway system in serviceable |
---|
2757 | | - | condition for vehicular traffic. |
---|
2758 | | - | (ii) A person employed on a full-time basis by the |
---|
2759 | | - | Illinois State Toll Highway Authority in the position |
---|
2760 | | - | |
---|
2761 | | - | |
---|
2762 | | - | of equipment operator/laborer H-4, equipment |
---|
2763 | | - | operator/laborer H-6, welder H-4, welder H-6, |
---|
2764 | | - | mechanical/electrical H-4, mechanical/electrical H-6, |
---|
2765 | | - | water/sewer H-4, water/sewer H-6, sign maker/hanger |
---|
2766 | | - | H-4, sign maker/hanger H-6, roadway lighting H-4, |
---|
2767 | | - | roadway lighting H-6, structural H-4, structural H-6, |
---|
2768 | | - | painter H-4, or painter H-6; and whose principal |
---|
2769 | | - | responsibility is to perform, on the roadway, the |
---|
2770 | | - | actual maintenance necessary to keep the Authority's |
---|
2771 | | - | tollways in serviceable condition for vehicular |
---|
2772 | | - | traffic. |
---|
2773 | | - | (19) The term "security employee of the Department of |
---|
2774 | | - | Innovation and Technology" means a person who was a |
---|
2775 | | - | security employee of the Department of Corrections or the |
---|
2776 | | - | Department of Juvenile Justice, was transferred to the |
---|
2777 | | - | Department of Innovation and Technology pursuant to |
---|
2778 | | - | Executive Order 2016-01, and continues to perform similar |
---|
2779 | | - | job functions under that Department. |
---|
2780 | | - | (20) "Transferred employee" means an employee who was |
---|
2781 | | - | transferred to the Department of Central Management |
---|
2782 | | - | Services by Executive Order No. 2003-10 or Executive Order |
---|
2783 | | - | No. 2004-2 or transferred to the Department of Innovation |
---|
2784 | | - | and Technology by Executive Order No. 2016-1, or both, and |
---|
2785 | | - | was entitled to eligible creditable service for services |
---|
2786 | | - | immediately preceding the transfer. |
---|
2787 | | - | (d) A security employee of the Department of Corrections |
---|
2788 | | - | |
---|
2789 | | - | |
---|
2790 | | - | or the Department of Juvenile Justice, a security employee of |
---|
2791 | | - | the Department of Human Services who is not a mental health |
---|
2792 | | - | police officer, and a security employee of the Department of |
---|
2793 | | - | Innovation and Technology shall not be eligible for the |
---|
2794 | | - | alternative retirement annuity provided by this Section unless |
---|
2795 | | - | he or she meets the following minimum age and service |
---|
2796 | | - | requirements at the time of retirement: |
---|
2797 | | - | (i) 25 years of eligible creditable service and age |
---|
2798 | | - | 55; or |
---|
2799 | | - | (ii) beginning January 1, 1987, 25 years of eligible |
---|
2800 | | - | creditable service and age 54, or 24 years of eligible |
---|
2801 | | - | creditable service and age 55; or |
---|
2802 | | - | (iii) beginning January 1, 1988, 25 years of eligible |
---|
2803 | | - | creditable service and age 53, or 23 years of eligible |
---|
2804 | | - | creditable service and age 55; or |
---|
2805 | | - | (iv) beginning January 1, 1989, 25 years of eligible |
---|
2806 | | - | creditable service and age 52, or 22 years of eligible |
---|
2807 | | - | creditable service and age 55; or |
---|
2808 | | - | (v) beginning January 1, 1990, 25 years of eligible |
---|
2809 | | - | creditable service and age 51, or 21 years of eligible |
---|
2810 | | - | creditable service and age 55; or |
---|
2811 | | - | (vi) beginning January 1, 1991, 25 years of eligible |
---|
2812 | | - | creditable service and age 50, or 20 years of eligible |
---|
2813 | | - | creditable service and age 55. |
---|
2814 | | - | Persons who have service credit under Article 16 of this |
---|
2815 | | - | Code for service as a security employee of the Department of |
---|
2816 | | - | |
---|
2817 | | - | |
---|
2818 | | - | Corrections or the Department of Juvenile Justice, or the |
---|
2819 | | - | Department of Human Services in a position requiring |
---|
2820 | | - | certification as a teacher may count such service toward |
---|
2821 | | - | establishing their eligibility under the service requirements |
---|
2822 | | - | of this Section; but such service may be used only for |
---|
2823 | | - | establishing such eligibility, and not for the purpose of |
---|
2824 | | - | increasing or calculating any benefit. |
---|
2825 | | - | (e) If a member enters military service while working in a |
---|
2826 | | - | position in which eligible creditable service may be earned, |
---|
2827 | | - | and returns to State service in the same or another such |
---|
2828 | | - | position, and fulfills in all other respects the conditions |
---|
2829 | | - | prescribed in this Article for credit for military service, |
---|
2830 | | - | such military service shall be credited as eligible creditable |
---|
2831 | | - | service for the purposes of the retirement annuity prescribed |
---|
2832 | | - | in this Section. |
---|
2833 | | - | (f) For purposes of calculating retirement annuities under |
---|
2834 | | - | this Section, periods of service rendered after December 31, |
---|
2835 | | - | 1968 and before October 1, 1975 as a covered employee in the |
---|
2836 | | - | position of special agent, conservation police officer, mental |
---|
2837 | | - | health police officer, or investigator for the Secretary of |
---|
2838 | | - | State, shall be deemed to have been service as a noncovered |
---|
2839 | | - | employee, provided that the employee pays to the System prior |
---|
2840 | | - | to retirement an amount equal to (1) the difference between |
---|
2841 | | - | the employee contributions that would have been required for |
---|
2842 | | - | such service as a noncovered employee, and the amount of |
---|
2843 | | - | employee contributions actually paid, plus (2) if payment is |
---|
2844 | | - | |
---|
2845 | | - | |
---|
2846 | | - | made after July 31, 1987, regular interest on the amount |
---|
2847 | | - | specified in item (1) from the date of service to the date of |
---|
2848 | | - | payment. |
---|
2849 | | - | For purposes of calculating retirement annuities under |
---|
2850 | | - | this Section, periods of service rendered after December 31, |
---|
2851 | | - | 1968 and before January 1, 1982 as a covered employee in the |
---|
2852 | | - | position of investigator for the Department of Revenue shall |
---|
2853 | | - | be deemed to have been service as a noncovered employee, |
---|
2854 | | - | provided that the employee pays to the System prior to |
---|
2855 | | - | retirement an amount equal to (1) the difference between the |
---|
2856 | | - | employee contributions that would have been required for such |
---|
2857 | | - | service as a noncovered employee, and the amount of employee |
---|
2858 | | - | contributions actually paid, plus (2) if payment is made after |
---|
2859 | | - | January 1, 1990, regular interest on the amount specified in |
---|
2860 | | - | item (1) from the date of service to the date of payment. |
---|
2861 | | - | (g) A State policeman may elect, not later than January 1, |
---|
2862 | | - | 1990, to establish eligible creditable service for up to 10 |
---|
2863 | | - | years of his service as a policeman under Article 3, by filing |
---|
2864 | | - | a written election with the Board, accompanied by payment of |
---|
2865 | | - | an amount to be determined by the Board, equal to (i) the |
---|
2866 | | - | difference between the amount of employee and employer |
---|
2867 | | - | contributions transferred to the System under Section 3-110.5, |
---|
2868 | | - | and the amounts that would have been contributed had such |
---|
2869 | | - | contributions been made at the rates applicable to State |
---|
2870 | | - | policemen, plus (ii) interest thereon at the effective rate |
---|
2871 | | - | for each year, compounded annually, from the date of service |
---|
2872 | | - | |
---|
2873 | | - | |
---|
2874 | | - | to the date of payment. |
---|
2875 | | - | Subject to the limitation in subsection (i), a State |
---|
2876 | | - | policeman may elect, not later than July 1, 1993, to establish |
---|
2877 | | - | eligible creditable service for up to 10 years of his service |
---|
2878 | | - | as a member of the County Police Department under Article 9, by |
---|
2879 | | - | filing a written election with the Board, accompanied by |
---|
2880 | | - | payment of an amount to be determined by the Board, equal to |
---|
2881 | | - | (i) the difference between the amount of employee and employer |
---|
2882 | | - | contributions transferred to the System under Section 9-121.10 |
---|
2883 | | - | and the amounts that would have been contributed had those |
---|
2884 | | - | contributions been made at the rates applicable to State |
---|
2885 | | - | policemen, plus (ii) interest thereon at the effective rate |
---|
2886 | | - | for each year, compounded annually, from the date of service |
---|
2887 | | - | to the date of payment. |
---|
2888 | | - | (h) Subject to the limitation in subsection (i), a State |
---|
2889 | | - | policeman or investigator for the Secretary of State may elect |
---|
2890 | | - | to establish eligible creditable service for up to 12 years of |
---|
2891 | | - | his service as a policeman under Article 5, by filing a written |
---|
2892 | | - | election with the Board on or before January 31, 1992, and |
---|
2893 | | - | paying to the System by January 31, 1994 an amount to be |
---|
2894 | | - | determined by the Board, equal to (i) the difference between |
---|
2895 | | - | the amount of employee and employer contributions transferred |
---|
2896 | | - | to the System under Section 5-236, and the amounts that would |
---|
2897 | | - | have been contributed had such contributions been made at the |
---|
2898 | | - | rates applicable to State policemen, plus (ii) interest |
---|
2899 | | - | thereon at the effective rate for each year, compounded |
---|
2900 | | - | |
---|
2901 | | - | |
---|
2902 | | - | annually, from the date of service to the date of payment. |
---|
2903 | | - | Subject to the limitation in subsection (i), a State |
---|
2904 | | - | policeman, conservation police officer, or investigator for |
---|
2905 | | - | the Secretary of State may elect to establish eligible |
---|
2906 | | - | creditable service for up to 10 years of service as a sheriff's |
---|
2907 | | - | law enforcement employee under Article 7, by filing a written |
---|
2908 | | - | election with the Board on or before January 31, 1993, and |
---|
2909 | | - | paying to the System by January 31, 1994 an amount to be |
---|
2910 | | - | determined by the Board, equal to (i) the difference between |
---|
2911 | | - | the amount of employee and employer contributions transferred |
---|
2912 | | - | to the System under Section 7-139.7, and the amounts that |
---|
2913 | | - | would have been contributed had such contributions been made |
---|
2914 | | - | at the rates applicable to State policemen, plus (ii) interest |
---|
2915 | | - | thereon at the effective rate for each year, compounded |
---|
2916 | | - | annually, from the date of service to the date of payment. |
---|
2917 | | - | Subject to the limitation in subsection (i), a State |
---|
2918 | | - | policeman, conservation police officer, or investigator for |
---|
2919 | | - | the Secretary of State may elect to establish eligible |
---|
2920 | | - | creditable service for up to 5 years of service as a police |
---|
2921 | | - | officer under Article 3, a policeman under Article 5, a |
---|
2922 | | - | sheriff's law enforcement employee under Article 7, a member |
---|
2923 | | - | of the county police department under Article 9, or a police |
---|
2924 | | - | officer under Article 15 by filing a written election with the |
---|
2925 | | - | Board and paying to the System an amount to be determined by |
---|
2926 | | - | the Board, equal to (i) the difference between the amount of |
---|
2927 | | - | employee and employer contributions transferred to the System |
---|
2928 | | - | |
---|
2929 | | - | |
---|
2930 | | - | under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
---|
2931 | | - | and the amounts that would have been contributed had such |
---|
2932 | | - | contributions been made at the rates applicable to State |
---|
2933 | | - | policemen, plus (ii) interest thereon at the effective rate |
---|
2934 | | - | for each year, compounded annually, from the date of service |
---|
2935 | | - | to the date of payment. |
---|
2936 | | - | Subject to the limitation in subsection (i), an |
---|
2937 | | - | investigator for the Office of the Attorney General, or an |
---|
2938 | | - | investigator for the Department of Revenue, may elect to |
---|
2939 | | - | establish eligible creditable service for up to 5 years of |
---|
2940 | | - | service as a police officer under Article 3, a policeman under |
---|
2941 | | - | Article 5, a sheriff's law enforcement employee under Article |
---|
2942 | | - | 7, or a member of the county police department under Article 9 |
---|
2943 | | - | by filing a written election with the Board within 6 months |
---|
2944 | | - | after August 25, 2009 (the effective date of Public Act |
---|
2945 | | - | 96-745) and paying to the System an amount to be determined by |
---|
2946 | | - | the Board, equal to (i) the difference between the amount of |
---|
2947 | | - | employee and employer contributions transferred to the System |
---|
2948 | | - | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
---|
2949 | | - | amounts that would have been contributed had such |
---|
2950 | | - | contributions been made at the rates applicable to State |
---|
2951 | | - | policemen, plus (ii) interest thereon at the actuarially |
---|
2952 | | - | assumed rate for each year, compounded annually, from the date |
---|
2953 | | - | of service to the date of payment. |
---|
2954 | | - | Subject to the limitation in subsection (i), a State |
---|
2955 | | - | policeman, conservation police officer, investigator for the |
---|
2956 | | - | |
---|
2957 | | - | |
---|
2958 | | - | Office of the Attorney General, an investigator for the |
---|
2959 | | - | Department of Revenue, or investigator for the Secretary of |
---|
2960 | | - | State may elect to establish eligible creditable service for |
---|
2961 | | - | up to 5 years of service as a person employed by a |
---|
2962 | | - | participating municipality to perform police duties, or law |
---|
2963 | | - | enforcement officer employed on a full-time basis by a forest |
---|
2964 | | - | preserve district under Article 7, a county corrections |
---|
2965 | | - | officer, or a court services officer under Article 9, by |
---|
2966 | | - | filing a written election with the Board within 6 months after |
---|
2967 | | - | August 25, 2009 (the effective date of Public Act 96-745) and |
---|
2968 | | - | paying to the System an amount to be determined by the Board, |
---|
2969 | | - | equal to (i) the difference between the amount of employee and |
---|
2970 | | - | employer contributions transferred to the System under |
---|
2971 | | - | Sections 7-139.8 and 9-121.10 and the amounts that would have |
---|
2972 | | - | been contributed had such contributions been made at the rates |
---|
2973 | | - | applicable to State policemen, plus (ii) interest thereon at |
---|
2974 | | - | the actuarially assumed rate for each year, compounded |
---|
2975 | | - | annually, from the date of service to the date of payment. |
---|
2976 | | - | Subject to the limitation in subsection (i), a State |
---|
2977 | | - | policeman, arson investigator, or Commerce Commission police |
---|
2978 | | - | officer may elect to establish eligible creditable service for |
---|
2979 | | - | up to 5 years of service as a person employed by a |
---|
2980 | | - | participating municipality to perform police duties under |
---|
2981 | | - | Article 7, a county corrections officer, a court services |
---|
2982 | | - | officer under Article 9, or a firefighter under Article 4 by |
---|
2983 | | - | filing a written election with the Board within 6 months after |
---|
2984 | | - | |
---|
2985 | | - | |
---|
2986 | | - | July 30, 2021 (the effective date of Public Act 102-210) and |
---|
2987 | | - | paying to the System an amount to be determined by the Board |
---|
2988 | | - | equal to (i) the difference between the amount of employee and |
---|
2989 | | - | employer contributions transferred to the System under |
---|
2990 | | - | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that |
---|
2991 | | - | would have been contributed had such contributions been made |
---|
2992 | | - | at the rates applicable to State policemen, plus (ii) interest |
---|
2993 | | - | thereon at the actuarially assumed rate for each year, |
---|
2994 | | - | compounded annually, from the date of service to the date of |
---|
2995 | | - | payment. |
---|
2996 | | - | Subject to the limitation in subsection (i), a |
---|
2997 | | - | conservation police officer may elect to establish eligible |
---|
2998 | | - | creditable service for up to 5 years of service as a person |
---|
2999 | | - | employed by a participating municipality to perform police |
---|
3000 | | - | duties under Article 7, a county corrections officer, or a |
---|
3001 | | - | court services officer under Article 9 by filing a written |
---|
3002 | | - | election with the Board within 6 months after July 30, 2021 |
---|
3003 | | - | (the effective date of Public Act 102-210) and paying to the |
---|
3004 | | - | System an amount to be determined by the Board equal to (i) the |
---|
3005 | | - | difference between the amount of employee and employer |
---|
3006 | | - | contributions transferred to the System under Sections 7-139.8 |
---|
3007 | | - | and 9-121.10 and the amounts that would have been contributed |
---|
3008 | | - | had such contributions been made at the rates applicable to |
---|
3009 | | - | State policemen, plus (ii) interest thereon at the actuarially |
---|
3010 | | - | assumed rate for each year, compounded annually, from the date |
---|
3011 | | - | of service to the date of payment. |
---|
3012 | | - | |
---|
3013 | | - | |
---|
3014 | | - | Subject to the limitation in subsection (i), an |
---|
3015 | | - | investigator for the Department of Revenue, investigator for |
---|
3016 | | - | the Illinois Gaming Board, investigator for the Secretary of |
---|
3017 | | - | State, or arson investigator may elect to establish eligible |
---|
3018 | | - | creditable service for up to 5 years of service as a person |
---|
3019 | | - | employed by a participating municipality to perform police |
---|
3020 | | - | duties under Article 7, a county corrections officer, a court |
---|
3021 | | - | services officer under Article 9, or a firefighter under |
---|
3022 | | - | Article 4 by filing a written election with the Board within 6 |
---|
3023 | | - | months after the effective date of this amendatory Act of the |
---|
3024 | | - | 102nd General Assembly and paying to the System an amount to be |
---|
3025 | | - | determined by the Board equal to (i) the difference between |
---|
3026 | | - | the amount of employee and employer contributions transferred |
---|
3027 | | - | to the System under Sections 4-108.8, 7-139.8, and 9-121.10 |
---|
3028 | | - | and the amounts that would have been contributed had such |
---|
3029 | | - | contributions been made at the rates applicable to State |
---|
3030 | | - | policemen, plus (ii) interest thereon at the actuarially |
---|
3031 | | - | assumed rate for each year, compounded annually, from the date |
---|
3032 | | - | of service to the date of payment. |
---|
3033 | | - | Notwithstanding the limitation in subsection (i), a State |
---|
3034 | | - | policeman or conservation police officer may elect to convert |
---|
3035 | | - | service credit earned under this Article to eligible |
---|
3036 | | - | creditable service, as defined by this Section, by filing a |
---|
3037 | | - | written election with the board within 6 months after July 30, |
---|
3038 | | - | 2021 (the effective date of Public Act 102-210) and paying to |
---|
3039 | | - | the System an amount to be determined by the Board equal to (i) |
---|
3040 | | - | |
---|
3041 | | - | |
---|
3042 | | - | the difference between the amount of employee contributions |
---|
3043 | | - | originally paid for that service and the amounts that would |
---|
3044 | | - | have been contributed had such contributions been made at the |
---|
3045 | | - | rates applicable to State policemen, plus (ii) the difference |
---|
3046 | | - | between the employer's normal cost of the credit prior to the |
---|
3047 | | - | conversion authorized by Public Act 102-210 and the employer's |
---|
3048 | | - | normal cost of the credit converted in accordance with Public |
---|
3049 | | - | Act 102-210, plus (iii) interest thereon at the actuarially |
---|
3050 | | - | assumed rate for each year, compounded annually, from the date |
---|
3051 | | - | of service to the date of payment. |
---|
3052 | | - | Notwithstanding the limitation in subsection (i), an |
---|
3053 | | - | investigator for the Department of Revenue, investigator for |
---|
3054 | | - | the Illinois Gaming Board, investigator for the Secretary of |
---|
3055 | | - | State, or arson investigator may elect to convert service |
---|
3056 | | - | credit earned under this Article to eligible creditable |
---|
3057 | | - | service, as defined by this Section, by filing a written |
---|
3058 | | - | election with the Board within 6 months after the effective |
---|
3059 | | - | date of this amendatory Act of the 102nd General Assembly and |
---|
3060 | | - | paying to the System an amount to be determined by the Board |
---|
3061 | | - | equal to (i) the difference between the amount of employee |
---|
3062 | | - | contributions originally paid for that service and the amounts |
---|
3063 | | - | that would have been contributed had such contributions been |
---|
3064 | | - | made at the rates applicable to investigators for the |
---|
3065 | | - | Department of Revenue, investigators for the Illinois Gaming |
---|
3066 | | - | Board, investigators for the Secretary of State, or arson |
---|
3067 | | - | investigators, plus (ii) the difference between the employer's |
---|
3068 | | - | |
---|
3069 | | - | |
---|
3070 | | - | normal cost of the credit prior to the conversion authorized |
---|
3071 | | - | by this amendatory Act of the 102nd General Assembly and the |
---|
3072 | | - | employer's normal cost of the credit converted in accordance |
---|
3073 | | - | with this amendatory Act of the 102nd General Assembly, plus |
---|
3074 | | - | (iii) interest thereon at the actuarially assumed rate for |
---|
3075 | | - | each year, compounded annually, from the date of service to |
---|
3076 | | - | the date of payment. |
---|
3077 | | - | (i) The total amount of eligible creditable service |
---|
3078 | | - | established by any person under subsections (g), (h), (j), |
---|
3079 | | - | (k), (l), (l-5), and (o) of this Section shall not exceed 12 |
---|
3080 | | - | years. |
---|
3081 | | - | (j) Subject to the limitation in subsection (i), an |
---|
3082 | | - | investigator for the Office of the State's Attorneys Appellate |
---|
3083 | | - | Prosecutor or a controlled substance inspector may elect to |
---|
3084 | | - | establish eligible creditable service for up to 10 years of |
---|
3085 | | - | his service as a policeman under Article 3 or a sheriff's law |
---|
3086 | | - | enforcement employee under Article 7, by filing a written |
---|
3087 | | - | election with the Board, accompanied by payment of an amount |
---|
3088 | | - | to be determined by the Board, equal to (1) the difference |
---|
3089 | | - | between the amount of employee and employer contributions |
---|
3090 | | - | transferred to the System under Section 3-110.6 or 7-139.8, |
---|
3091 | | - | and the amounts that would have been contributed had such |
---|
3092 | | - | contributions been made at the rates applicable to State |
---|
3093 | | - | policemen, plus (2) interest thereon at the effective rate for |
---|
3094 | | - | each year, compounded annually, from the date of service to |
---|
3095 | | - | the date of payment. |
---|
3096 | | - | |
---|
3097 | | - | |
---|
3098 | | - | (k) Subject to the limitation in subsection (i) of this |
---|
3099 | | - | Section, an alternative formula employee may elect to |
---|
3100 | | - | establish eligible creditable service for periods spent as a |
---|
3101 | | - | full-time law enforcement officer or full-time corrections |
---|
3102 | | - | officer employed by the federal government or by a state or |
---|
3103 | | - | local government located outside of Illinois, for which credit |
---|
3104 | | - | is not held in any other public employee pension fund or |
---|
3105 | | - | retirement system. To obtain this credit, the applicant must |
---|
3106 | | - | file a written application with the Board by March 31, 1998, |
---|
3107 | | - | accompanied by evidence of eligibility acceptable to the Board |
---|
3108 | | - | and payment of an amount to be determined by the Board, equal |
---|
3109 | | - | to (1) employee contributions for the credit being |
---|
3110 | | - | established, based upon the applicant's salary on the first |
---|
3111 | | - | day as an alternative formula employee after the employment |
---|
3112 | | - | for which credit is being established and the rates then |
---|
3113 | | - | applicable to alternative formula employees, plus (2) an |
---|
3114 | | - | amount determined by the Board to be the employer's normal |
---|
3115 | | - | cost of the benefits accrued for the credit being established, |
---|
3116 | | - | plus (3) regular interest on the amounts in items (1) and (2) |
---|
3117 | | - | from the first day as an alternative formula employee after |
---|
3118 | | - | the employment for which credit is being established to the |
---|
3119 | | - | date of payment. |
---|
3120 | | - | (l) Subject to the limitation in subsection (i), a |
---|
3121 | | - | security employee of the Department of Corrections may elect, |
---|
3122 | | - | not later than July 1, 1998, to establish eligible creditable |
---|
3123 | | - | service for up to 10 years of his or her service as a policeman |
---|
3124 | | - | |
---|
3125 | | - | |
---|
3126 | | - | under Article 3, by filing a written election with the Board, |
---|
3127 | | - | accompanied by payment of an amount to be determined by the |
---|
3128 | | - | Board, equal to (i) the difference between the amount of |
---|
3129 | | - | employee and employer contributions transferred to the System |
---|
3130 | | - | under Section 3-110.5, and the amounts that would have been |
---|
3131 | | - | contributed had such contributions been made at the rates |
---|
3132 | | - | applicable to security employees of the Department of |
---|
3133 | | - | Corrections, plus (ii) interest thereon at the effective rate |
---|
3134 | | - | for each year, compounded annually, from the date of service |
---|
3135 | | - | to the date of payment. |
---|
3136 | | - | (l-5) Subject to the limitation in subsection (i) of this |
---|
3137 | | - | Section, a State policeman may elect to establish eligible |
---|
3138 | | - | creditable service for up to 5 years of service as a full-time |
---|
3139 | | - | law enforcement officer employed by the federal government or |
---|
3140 | | - | by a state or local government located outside of Illinois for |
---|
3141 | | - | which credit is not held in any other public employee pension |
---|
3142 | | - | fund or retirement system. To obtain this credit, the |
---|
3143 | | - | applicant must file a written application with the Board no |
---|
3144 | | - | later than 3 years after January 1, 2020 (the effective date of |
---|
3145 | | - | Public Act 101-610), accompanied by evidence of eligibility |
---|
3146 | | - | acceptable to the Board and payment of an amount to be |
---|
3147 | | - | determined by the Board, equal to (1) employee contributions |
---|
3148 | | - | for the credit being established, based upon the applicant's |
---|
3149 | | - | salary on the first day as an alternative formula employee |
---|
3150 | | - | after the employment for which credit is being established and |
---|
3151 | | - | the rates then applicable to alternative formula employees, |
---|
3152 | | - | |
---|
3153 | | - | |
---|
3154 | | - | plus (2) an amount determined by the Board to be the employer's |
---|
3155 | | - | normal cost of the benefits accrued for the credit being |
---|
3156 | | - | established, plus (3) regular interest on the amounts in items |
---|
3157 | | - | (1) and (2) from the first day as an alternative formula |
---|
3158 | | - | employee after the employment for which credit is being |
---|
3159 | | - | established to the date of payment. |
---|
3160 | | - | (m) The amendatory changes to this Section made by Public |
---|
3161 | | - | Act 94-696 apply only to: (1) security employees of the |
---|
3162 | | - | Department of Juvenile Justice employed by the Department of |
---|
3163 | | - | Corrections before June 1, 2006 (the effective date of Public |
---|
3164 | | - | Act 94-696) and transferred to the Department of Juvenile |
---|
3165 | | - | Justice by Public Act 94-696; and (2) persons employed by the |
---|
3166 | | - | Department of Juvenile Justice on or after June 1, 2006 (the |
---|
3167 | | - | effective date of Public Act 94-696) who are required by |
---|
3168 | | - | subsection (b) of Section 3-2.5-15 of the Unified Code of |
---|
3169 | | - | Corrections to have any bachelor's or advanced degree from an |
---|
3170 | | - | accredited college or university or, in the case of persons |
---|
3171 | | - | who provide vocational training, who are required to have |
---|
3172 | | - | adequate knowledge in the skill for which they are providing |
---|
3173 | | - | the vocational training. |
---|
3174 | | - | (n) A person employed in a position under subsection (b) |
---|
3175 | | - | of this Section who has purchased service credit under |
---|
3176 | | - | subsection (j) of Section 14-104 or subsection (b) of Section |
---|
3177 | | - | 14-105 in any other capacity under this Article may convert up |
---|
3178 | | - | to 5 years of that service credit into service credit covered |
---|
3179 | | - | under this Section by paying to the Fund an amount equal to (1) |
---|
3180 | | - | |
---|
3181 | | - | |
---|
3182 | | - | the additional employee contribution required under Section |
---|
3183 | | - | 14-133, plus (2) the additional employer contribution required |
---|
3184 | | - | under Section 14-131, plus (3) interest on items (1) and (2) at |
---|
3185 | | - | the actuarially assumed rate from the date of the service to |
---|
3186 | | - | the date of payment. |
---|
3187 | | - | (o) Subject to the limitation in subsection (i), a |
---|
3188 | | - | conservation police officer, investigator for the Secretary of |
---|
3189 | | - | State, Commerce Commission police officer, investigator for |
---|
3190 | | - | the Department of Revenue or the Illinois Gaming Board, or |
---|
3191 | | - | arson investigator subject to subsection (g) of Section 1-160 |
---|
3192 | | - | may elect to convert up to 8 years of service credit |
---|
3193 | | - | established before January 1, 2020 (the effective date of |
---|
3194 | | - | Public Act 101-610) as a conservation police officer, |
---|
3195 | | - | investigator for the Secretary of State, Commerce Commission |
---|
3196 | | - | police officer, investigator for the Department of Revenue or |
---|
3197 | | - | the Illinois Gaming Board, or arson investigator under this |
---|
3198 | | - | Article into eligible creditable service by filing a written |
---|
3199 | | - | election with the Board no later than one year after January 1, |
---|
3200 | | - | 2020 (the effective date of Public Act 101-610), accompanied |
---|
3201 | | - | by payment of an amount to be determined by the Board equal to |
---|
3202 | | - | (i) the difference between the amount of the employee |
---|
3203 | | - | contributions actually paid for that service and the amount of |
---|
3204 | | - | the employee contributions that would have been paid had the |
---|
3205 | | - | employee contributions been made as a noncovered employee |
---|
3206 | | - | serving in a position in which eligible creditable service, as |
---|
3207 | | - | defined in this Section, may be earned, plus (ii) interest |
---|
3208 | | - | |
---|
3209 | | - | |
---|
3210 | | - | thereon at the effective rate for each year, compounded |
---|
3211 | | - | annually, from the date of service to the date of payment. |
---|
3212 | | - | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
---|
3213 | | - | 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.) |
---|
3214 | | - | (Text of Section from P.A. 102-956) |
---|
3215 | | - | Sec. 14-110. Alternative retirement annuity. |
---|
3216 | | - | (a) Any member who has withdrawn from service with not |
---|
3217 | | - | less than 20 years of eligible creditable service and has |
---|
3218 | | - | attained age 55, and any member who has withdrawn from service |
---|
3219 | | - | with not less than 25 years of eligible creditable service and |
---|
3220 | | - | has attained age 50, regardless of whether the attainment of |
---|
3221 | | - | either of the specified ages occurs while the member is still |
---|
3222 | | - | in service, shall be entitled to receive at the option of the |
---|
3223 | | - | member, in lieu of the regular or minimum retirement annuity, |
---|
3224 | | - | a retirement annuity computed as follows: |
---|
3225 | | - | (i) for periods of service as a noncovered employee: |
---|
3226 | | - | if retirement occurs on or after January 1, 2001, 3% of |
---|
3227 | | - | final average compensation for each year of creditable |
---|
3228 | | - | service; if retirement occurs before January 1, 2001, 2 |
---|
3229 | | - | 1/4% of final average compensation for each of the first |
---|
3230 | | - | 10 years of creditable service, 2 1/2% for each year above |
---|
3231 | | - | 10 years to and including 20 years of creditable service, |
---|
3232 | | - | and 2 3/4% for each year of creditable service above 20 |
---|
3233 | | - | years; and |
---|
3234 | | - | (ii) for periods of eligible creditable service as a |
---|
3235 | | - | |
---|
3236 | | - | |
---|
3237 | | - | covered employee: if retirement occurs on or after January |
---|
3238 | | - | 1, 2001, 2.5% of final average compensation for each year |
---|
3239 | | - | of creditable service; if retirement occurs before January |
---|
3240 | | - | 1, 2001, 1.67% of final average compensation for each of |
---|
3241 | | - | the first 10 years of such service, 1.90% for each of the |
---|
3242 | | - | next 10 years of such service, 2.10% for each year of such |
---|
3243 | | - | service in excess of 20 but not exceeding 30, and 2.30% for |
---|
3244 | | - | each year in excess of 30. |
---|
3245 | | - | Such annuity shall be subject to a maximum of 75% of final |
---|
3246 | | - | average compensation if retirement occurs before January 1, |
---|
3247 | | - | 2001 or to a maximum of 80% of final average compensation if |
---|
3248 | | - | retirement occurs on or after January 1, 2001. |
---|
3249 | | - | These rates shall not be applicable to any service |
---|
3250 | | - | performed by a member as a covered employee which is not |
---|
3251 | | - | eligible creditable service. Service as a covered employee |
---|
3252 | | - | which is not eligible creditable service shall be subject to |
---|
3253 | | - | the rates and provisions of Section 14-108. |
---|
3254 | | - | (b) For the purpose of this Section, "eligible creditable |
---|
3255 | | - | service" means creditable service resulting from service in |
---|
3256 | | - | one or more of the following positions: |
---|
3257 | | - | (1) State policeman; |
---|
3258 | | - | (2) fire fighter in the fire protection service of a |
---|
3259 | | - | department; |
---|
3260 | | - | (3) air pilot; |
---|
3261 | | - | (4) special agent; |
---|
3262 | | - | (5) investigator for the Secretary of State; |
---|
3263 | | - | |
---|
3264 | | - | |
---|
3265 | | - | (6) conservation police officer; |
---|
3266 | | - | (7) investigator for the Department of Revenue or the |
---|
3267 | | - | Illinois Gaming Board; |
---|
3268 | | - | (8) security employee of the Department of Human |
---|
3269 | | - | Services; |
---|
3270 | | - | (9) Central Management Services security police |
---|
3271 | | - | officer; |
---|
3272 | | - | (10) security employee of the Department of |
---|
3273 | | - | Corrections or the Department of Juvenile Justice; |
---|
3274 | | - | (11) dangerous drugs investigator; |
---|
3275 | | - | (12) investigator for the Illinois State Police; |
---|
3276 | | - | (13) investigator for the Office of the Attorney |
---|
3277 | | - | General; |
---|
3278 | | - | (14) controlled substance inspector; |
---|
3279 | | - | (15) investigator for the Office of the State's |
---|
3280 | | - | Attorneys Appellate Prosecutor; |
---|
3281 | | - | (16) Commerce Commission police officer; |
---|
3282 | | - | (17) arson investigator; |
---|
3283 | | - | (18) State highway maintenance worker; |
---|
3284 | | - | (19) security employee of the Department of Innovation |
---|
3285 | | - | and Technology; or |
---|
3286 | | - | (20) transferred employee. |
---|
3287 | | - | A person employed in one of the positions specified in |
---|
3288 | | - | this subsection is entitled to eligible creditable service for |
---|
3289 | | - | service credit earned under this Article while undergoing the |
---|
3290 | | - | basic police training course approved by the Illinois Law |
---|
3291 | | - | |
---|
3292 | | - | |
---|
3293 | | - | Enforcement Training Standards Board, if completion of that |
---|
3294 | | - | training is required of persons serving in that position. For |
---|
3295 | | - | the purposes of this Code, service during the required basic |
---|
3296 | | - | police training course shall be deemed performance of the |
---|
3297 | | - | duties of the specified position, even though the person is |
---|
3298 | | - | not a sworn peace officer at the time of the training. |
---|
3299 | | - | A person under paragraph (20) is entitled to eligible |
---|
3300 | | - | creditable service for service credit earned under this |
---|
3301 | | - | Article on and after his or her transfer by Executive Order No. |
---|
3302 | | - | 2003-10, Executive Order No. 2004-2, or Executive Order No. |
---|
3303 | | - | 2016-1. |
---|
3304 | | - | (c) For the purposes of this Section: |
---|
3305 | | - | (1) The term "State policeman" includes any title or |
---|
3306 | | - | position in the Illinois State Police that is held by an |
---|
3307 | | - | individual employed under the Illinois State Police Act. |
---|
3308 | | - | (2) The term "fire fighter in the fire protection |
---|
3309 | | - | service of a department" includes all officers in such |
---|
3310 | | - | fire protection service including fire chiefs and |
---|
3311 | | - | assistant fire chiefs. |
---|
3312 | | - | (3) The term "air pilot" includes any employee whose |
---|
3313 | | - | official job description on file in the Department of |
---|
3314 | | - | Central Management Services, or in the department by which |
---|
3315 | | - | he is employed if that department is not covered by the |
---|
3316 | | - | Personnel Code, states that his principal duty is the |
---|
3317 | | - | operation of aircraft, and who possesses a pilot's |
---|
3318 | | - | license; however, the change in this definition made by |
---|
3319 | | - | |
---|
3320 | | - | |
---|
3321 | | - | Public Act 83-842 shall not operate to exclude any |
---|
3322 | | - | noncovered employee who was an "air pilot" for the |
---|
3323 | | - | purposes of this Section on January 1, 1984. |
---|
3324 | | - | (4) The term "special agent" means any person who by |
---|
3325 | | - | reason of employment by the Division of Narcotic Control, |
---|
3326 | | - | the Bureau of Investigation or, after July 1, 1977, the |
---|
3327 | | - | Division of Criminal Investigation, the Division of |
---|
3328 | | - | Internal Investigation, the Division of Operations, the |
---|
3329 | | - | Division of Patrol Operations, or any other Division or |
---|
3330 | | - | organizational entity in the Illinois State Police is |
---|
3331 | | - | vested by law with duties to maintain public order, |
---|
3332 | | - | investigate violations of the criminal law of this State, |
---|
3333 | | - | enforce the laws of this State, make arrests and recover |
---|
3334 | | - | property. The term "special agent" includes any title or |
---|
3335 | | - | position in the Illinois State Police that is held by an |
---|
3336 | | - | individual employed under the Illinois State Police Act. |
---|
3337 | | - | (5) The term "investigator for the Secretary of State" |
---|
3338 | | - | means any person employed by the Office of the Secretary |
---|
3339 | | - | of State and vested with such investigative duties as |
---|
3340 | | - | render him ineligible for coverage under the Social |
---|
3341 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
3342 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
3343 | | - | A person who became employed as an investigator for |
---|
3344 | | - | the Secretary of State between January 1, 1967 and |
---|
3345 | | - | December 31, 1975, and who has served as such until |
---|
3346 | | - | attainment of age 60, either continuously or with a single |
---|
3347 | | - | |
---|
3348 | | - | |
---|
3349 | | - | break in service of not more than 3 years duration, which |
---|
3350 | | - | break terminated before January 1, 1976, shall be entitled |
---|
3351 | | - | to have his retirement annuity calculated in accordance |
---|
3352 | | - | with subsection (a), notwithstanding that he has less than |
---|
3353 | | - | 20 years of credit for such service. |
---|
3354 | | - | (6) The term "Conservation Police Officer" means any |
---|
3355 | | - | person employed by the Division of Law Enforcement of the |
---|
3356 | | - | Department of Natural Resources and vested with such law |
---|
3357 | | - | enforcement duties as render him ineligible for coverage |
---|
3358 | | - | under the Social Security Act by reason of Sections |
---|
3359 | | - | 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The |
---|
3360 | | - | term "Conservation Police Officer" includes the positions |
---|
3361 | | - | of Chief Conservation Police Administrator and Assistant |
---|
3362 | | - | Conservation Police Administrator. |
---|
3363 | | - | (7) The term "investigator for the Department of |
---|
3364 | | - | Revenue" means any person employed by the Department of |
---|
3365 | | - | Revenue and vested with such investigative duties as |
---|
3366 | | - | render him ineligible for coverage under the Social |
---|
3367 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
3368 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
3369 | | - | The term "investigator for the Illinois Gaming Board" |
---|
3370 | | - | means any person employed as such by the Illinois Gaming |
---|
3371 | | - | Board and vested with such peace officer duties as render |
---|
3372 | | - | the person ineligible for coverage under the Social |
---|
3373 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
3374 | | - | 218(d)(8)(D), and 218(l)(1) of that Act. |
---|
3375 | | - | |
---|
3376 | | - | |
---|
3377 | | - | (8) The term "security employee of the Department of |
---|
3378 | | - | Human Services" means any person employed by the |
---|
3379 | | - | Department of Human Services who (i) is employed at the |
---|
3380 | | - | Chester Mental Health Center and has daily contact with |
---|
3381 | | - | the residents thereof, (ii) is employed within a security |
---|
3382 | | - | unit at a facility operated by the Department and has |
---|
3383 | | - | daily contact with the residents of the security unit, |
---|
3384 | | - | (iii) is employed at a facility operated by the Department |
---|
3385 | | - | that includes a security unit and is regularly scheduled |
---|
3386 | | - | to work at least 50% of his or her working hours within |
---|
3387 | | - | that security unit, or (iv) is a mental health police |
---|
3388 | | - | officer. "Mental health police officer" means any person |
---|
3389 | | - | employed by the Department of Human Services in a position |
---|
3390 | | - | pertaining to the Department's mental health and |
---|
3391 | | - | developmental disabilities functions who is vested with |
---|
3392 | | - | such law enforcement duties as render the person |
---|
3393 | | - | ineligible for coverage under the Social Security Act by |
---|
3394 | | - | reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
---|
3395 | | - | 218(l)(1) of that Act. "Security unit" means that portion |
---|
3396 | | - | of a facility that is devoted to the care, containment, |
---|
3397 | | - | and treatment of persons committed to the Department of |
---|
3398 | | - | Human Services as sexually violent persons, persons unfit |
---|
3399 | | - | to stand trial, or persons not guilty by reason of |
---|
3400 | | - | insanity. With respect to past employment, references to |
---|
3401 | | - | the Department of Human Services include its predecessor, |
---|
3402 | | - | the Department of Mental Health and Developmental |
---|
3403 | | - | |
---|
3404 | | - | |
---|
3405 | | - | Disabilities. |
---|
3406 | | - | The changes made to this subdivision (c)(8) by Public |
---|
3407 | | - | Act 92-14 apply to persons who retire on or after January |
---|
3408 | | - | 1, 2001, notwithstanding Section 1-103.1. |
---|
3409 | | - | (9) "Central Management Services security police |
---|
3410 | | - | officer" means any person employed by the Department of |
---|
3411 | | - | Central Management Services who is vested with such law |
---|
3412 | | - | enforcement duties as render him ineligible for coverage |
---|
3413 | | - | under the Social Security Act by reason of Sections |
---|
3414 | | - | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
3415 | | - | (10) For a member who first became an employee under |
---|
3416 | | - | this Article before July 1, 2005, the term "security |
---|
3417 | | - | employee of the Department of Corrections or the |
---|
3418 | | - | Department of Juvenile Justice" means any employee of the |
---|
3419 | | - | Department of Corrections or the Department of Juvenile |
---|
3420 | | - | Justice or the former Department of Personnel, and any |
---|
3421 | | - | member or employee of the Prisoner Review Board, who has |
---|
3422 | | - | daily contact with inmates or youth by working within a |
---|
3423 | | - | correctional facility or Juvenile facility operated by the |
---|
3424 | | - | Department of Juvenile Justice or who is a parole officer |
---|
3425 | | - | or an employee who has direct contact with committed |
---|
3426 | | - | persons in the performance of his or her job duties. For a |
---|
3427 | | - | member who first becomes an employee under this Article on |
---|
3428 | | - | or after July 1, 2005, the term means an employee of the |
---|
3429 | | - | Department of Corrections or the Department of Juvenile |
---|
3430 | | - | Justice who is any of the following: (i) officially |
---|
3431 | | - | |
---|
3432 | | - | |
---|
3433 | | - | headquartered at a correctional facility or Juvenile |
---|
3434 | | - | facility operated by the Department of Juvenile Justice, |
---|
3435 | | - | (ii) a parole officer, (iii) a member of the apprehension |
---|
3436 | | - | unit, (iv) a member of the intelligence unit, (v) a member |
---|
3437 | | - | of the sort team, or (vi) an investigator. |
---|
3438 | | - | (11) The term "dangerous drugs investigator" means any |
---|
3439 | | - | person who is employed as such by the Department of Human |
---|
3440 | | - | Services. |
---|
3441 | | - | (12) The term "investigator for the Illinois State |
---|
3442 | | - | Police" means a person employed by the Illinois State |
---|
3443 | | - | Police who is vested under Section 4 of the Narcotic |
---|
3444 | | - | Control Division Abolition Act with such law enforcement |
---|
3445 | | - | powers as render him ineligible for coverage under the |
---|
3446 | | - | Social Security Act by reason of Sections 218(d)(5)(A), |
---|
3447 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
3448 | | - | (13) "Investigator for the Office of the Attorney |
---|
3449 | | - | General" means any person who is employed as such by the |
---|
3450 | | - | Office of the Attorney General and is vested with such |
---|
3451 | | - | investigative duties as render him ineligible for coverage |
---|
3452 | | - | under the Social Security Act by reason of Sections |
---|
3453 | | - | 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For |
---|
3454 | | - | the period before January 1, 1989, the term includes all |
---|
3455 | | - | persons who were employed as investigators by the Office |
---|
3456 | | - | of the Attorney General, without regard to social security |
---|
3457 | | - | status. |
---|
3458 | | - | (14) "Controlled substance inspector" means any person |
---|
3459 | | - | |
---|
3460 | | - | |
---|
3461 | | - | who is employed as such by the Department of Professional |
---|
3462 | | - | Regulation and is vested with such law enforcement duties |
---|
3463 | | - | as render him ineligible for coverage under the Social |
---|
3464 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
3465 | | - | 218(d)(8)(D) and 218(l)(1) of that Act. The term |
---|
3466 | | - | "controlled substance inspector" includes the Program |
---|
3467 | | - | Executive of Enforcement and the Assistant Program |
---|
3468 | | - | Executive of Enforcement. |
---|
3469 | | - | (15) The term "investigator for the Office of the |
---|
3470 | | - | State's Attorneys Appellate Prosecutor" means a person |
---|
3471 | | - | employed in that capacity on a full-time basis under the |
---|
3472 | | - | authority of Section 7.06 of the State's Attorneys |
---|
3473 | | - | Appellate Prosecutor's Act. |
---|
3474 | | - | (16) "Commerce Commission police officer" means any |
---|
3475 | | - | person employed by the Illinois Commerce Commission who is |
---|
3476 | | - | vested with such law enforcement duties as render him |
---|
3477 | | - | ineligible for coverage under the Social Security Act by |
---|
3478 | | - | reason of Sections 218(d)(5)(A), 218(d)(8)(D), and |
---|
3479 | | - | 218(l)(1) of that Act. |
---|
3480 | | - | (17) "Arson investigator" means any person who is |
---|
3481 | | - | employed as such by the Office of the State Fire Marshal |
---|
3482 | | - | and is vested with such law enforcement duties as render |
---|
3483 | | - | the person ineligible for coverage under the Social |
---|
3484 | | - | Security Act by reason of Sections 218(d)(5)(A), |
---|
3485 | | - | 218(d)(8)(D), and 218(l)(1) of that Act. A person who was |
---|
3486 | | - | employed as an arson investigator on January 1, 1995 and |
---|
3487 | | - | |
---|
3488 | | - | |
---|
3489 | | - | is no longer in service but not yet receiving a retirement |
---|
3490 | | - | annuity may convert his or her creditable service for |
---|
3491 | | - | employment as an arson investigator into eligible |
---|
3492 | | - | creditable service by paying to the System the difference |
---|
3493 | | - | between the employee contributions actually paid for that |
---|
3494 | | - | service and the amounts that would have been contributed |
---|
3495 | | - | if the applicant were contributing at the rate applicable |
---|
3496 | | - | to persons with the same social security status earning |
---|
3497 | | - | eligible creditable service on the date of application. |
---|
3498 | | - | (18) The term "State highway maintenance worker" means |
---|
3499 | | - | a person who is either of the following: |
---|
3500 | | - | (i) A person employed on a full-time basis by the |
---|
3501 | | - | Illinois Department of Transportation in the position |
---|
3502 | | - | of highway maintainer, highway maintenance lead |
---|
3503 | | - | worker, highway maintenance lead/lead worker, heavy |
---|
3504 | | - | construction equipment operator, power shovel |
---|
3505 | | - | operator, or bridge mechanic; and whose principal |
---|
3506 | | - | responsibility is to perform, on the roadway, the |
---|
3507 | | - | actual maintenance necessary to keep the highways that |
---|
3508 | | - | form a part of the State highway system in serviceable |
---|
3509 | | - | condition for vehicular traffic. |
---|
3510 | | - | (ii) A person employed on a full-time basis by the |
---|
3511 | | - | Illinois State Toll Highway Authority in the position |
---|
3512 | | - | of equipment operator/laborer H-4, equipment |
---|
3513 | | - | operator/laborer H-6, welder H-4, welder H-6, |
---|
3514 | | - | mechanical/electrical H-4, mechanical/electrical H-6, |
---|
3515 | | - | |
---|
3516 | | - | |
---|
3517 | | - | water/sewer H-4, water/sewer H-6, sign maker/hanger |
---|
3518 | | - | H-4, sign maker/hanger H-6, roadway lighting H-4, |
---|
3519 | | - | roadway lighting H-6, structural H-4, structural H-6, |
---|
3520 | | - | painter H-4, or painter H-6; and whose principal |
---|
3521 | | - | responsibility is to perform, on the roadway, the |
---|
3522 | | - | actual maintenance necessary to keep the Authority's |
---|
3523 | | - | tollways in serviceable condition for vehicular |
---|
3524 | | - | traffic. |
---|
3525 | | - | (19) The term "security employee of the Department of |
---|
3526 | | - | Innovation and Technology" means a person who was a |
---|
3527 | | - | security employee of the Department of Corrections or the |
---|
3528 | | - | Department of Juvenile Justice, was transferred to the |
---|
3529 | | - | Department of Innovation and Technology pursuant to |
---|
3530 | | - | Executive Order 2016-01, and continues to perform similar |
---|
3531 | | - | job functions under that Department. |
---|
3532 | | - | (20) "Transferred employee" means an employee who was |
---|
3533 | | - | transferred to the Department of Central Management |
---|
3534 | | - | Services by Executive Order No. 2003-10 or Executive Order |
---|
3535 | | - | No. 2004-2 or transferred to the Department of Innovation |
---|
3536 | | - | and Technology by Executive Order No. 2016-1, or both, and |
---|
3537 | | - | was entitled to eligible creditable service for services |
---|
3538 | | - | immediately preceding the transfer. |
---|
3539 | | - | (d) A security employee of the Department of Corrections |
---|
3540 | | - | or the Department of Juvenile Justice, a security employee of |
---|
3541 | | - | the Department of Human Services who is not a mental health |
---|
3542 | | - | police officer, and a security employee of the Department of |
---|
3543 | | - | |
---|
3544 | | - | |
---|
3545 | | - | Innovation and Technology shall not be eligible for the |
---|
3546 | | - | alternative retirement annuity provided by this Section unless |
---|
3547 | | - | he or she meets the following minimum age and service |
---|
3548 | | - | requirements at the time of retirement: |
---|
3549 | | - | (i) 25 years of eligible creditable service and age |
---|
3550 | | - | 55; or |
---|
3551 | | - | (ii) beginning January 1, 1987, 25 years of eligible |
---|
3552 | | - | creditable service and age 54, or 24 years of eligible |
---|
3553 | | - | creditable service and age 55; or |
---|
3554 | | - | (iii) beginning January 1, 1988, 25 years of eligible |
---|
3555 | | - | creditable service and age 53, or 23 years of eligible |
---|
3556 | | - | creditable service and age 55; or |
---|
3557 | | - | (iv) beginning January 1, 1989, 25 years of eligible |
---|
3558 | | - | creditable service and age 52, or 22 years of eligible |
---|
3559 | | - | creditable service and age 55; or |
---|
3560 | | - | (v) beginning January 1, 1990, 25 years of eligible |
---|
3561 | | - | creditable service and age 51, or 21 years of eligible |
---|
3562 | | - | creditable service and age 55; or |
---|
3563 | | - | (vi) beginning January 1, 1991, 25 years of eligible |
---|
3564 | | - | creditable service and age 50, or 20 years of eligible |
---|
3565 | | - | creditable service and age 55. |
---|
3566 | | - | Persons who have service credit under Article 16 of this |
---|
3567 | | - | Code for service as a security employee of the Department of |
---|
3568 | | - | Corrections or the Department of Juvenile Justice, or the |
---|
3569 | | - | Department of Human Services in a position requiring |
---|
3570 | | - | certification as a teacher may count such service toward |
---|
3571 | | - | |
---|
3572 | | - | |
---|
3573 | | - | establishing their eligibility under the service requirements |
---|
3574 | | - | of this Section; but such service may be used only for |
---|
3575 | | - | establishing such eligibility, and not for the purpose of |
---|
3576 | | - | increasing or calculating any benefit. |
---|
3577 | | - | (e) If a member enters military service while working in a |
---|
3578 | | - | position in which eligible creditable service may be earned, |
---|
3579 | | - | and returns to State service in the same or another such |
---|
3580 | | - | position, and fulfills in all other respects the conditions |
---|
3581 | | - | prescribed in this Article for credit for military service, |
---|
3582 | | - | such military service shall be credited as eligible creditable |
---|
3583 | | - | service for the purposes of the retirement annuity prescribed |
---|
3584 | | - | in this Section. |
---|
3585 | | - | (f) For purposes of calculating retirement annuities under |
---|
3586 | | - | this Section, periods of service rendered after December 31, |
---|
3587 | | - | 1968 and before October 1, 1975 as a covered employee in the |
---|
3588 | | - | position of special agent, conservation police officer, mental |
---|
3589 | | - | health police officer, or investigator for the Secretary of |
---|
3590 | | - | State, shall be deemed to have been service as a noncovered |
---|
3591 | | - | employee, provided that the employee pays to the System prior |
---|
3592 | | - | to retirement an amount equal to (1) the difference between |
---|
3593 | | - | the employee contributions that would have been required for |
---|
3594 | | - | such service as a noncovered employee, and the amount of |
---|
3595 | | - | employee contributions actually paid, plus (2) if payment is |
---|
3596 | | - | made after July 31, 1987, regular interest on the amount |
---|
3597 | | - | specified in item (1) from the date of service to the date of |
---|
3598 | | - | payment. |
---|
3599 | | - | |
---|
3600 | | - | |
---|
3601 | | - | For purposes of calculating retirement annuities under |
---|
3602 | | - | this Section, periods of service rendered after December 31, |
---|
3603 | | - | 1968 and before January 1, 1982 as a covered employee in the |
---|
3604 | | - | position of investigator for the Department of Revenue shall |
---|
3605 | | - | be deemed to have been service as a noncovered employee, |
---|
3606 | | - | provided that the employee pays to the System prior to |
---|
3607 | | - | retirement an amount equal to (1) the difference between the |
---|
3608 | | - | employee contributions that would have been required for such |
---|
3609 | | - | service as a noncovered employee, and the amount of employee |
---|
3610 | | - | contributions actually paid, plus (2) if payment is made after |
---|
3611 | | - | January 1, 1990, regular interest on the amount specified in |
---|
3612 | | - | item (1) from the date of service to the date of payment. |
---|
3613 | | - | (g) A State policeman may elect, not later than January 1, |
---|
3614 | | - | 1990, to establish eligible creditable service for up to 10 |
---|
3615 | | - | years of his service as a policeman under Article 3, by filing |
---|
3616 | | - | a written election with the Board, accompanied by payment of |
---|
3617 | | - | an amount to be determined by the Board, equal to (i) the |
---|
3618 | | - | difference between the amount of employee and employer |
---|
3619 | | - | contributions transferred to the System under Section 3-110.5, |
---|
3620 | | - | and the amounts that would have been contributed had such |
---|
3621 | | - | contributions been made at the rates applicable to State |
---|
3622 | | - | policemen, plus (ii) interest thereon at the effective rate |
---|
3623 | | - | for each year, compounded annually, from the date of service |
---|
3624 | | - | to the date of payment. |
---|
3625 | | - | Subject to the limitation in subsection (i), a State |
---|
3626 | | - | policeman may elect, not later than July 1, 1993, to establish |
---|
3627 | | - | |
---|
3628 | | - | |
---|
3629 | | - | eligible creditable service for up to 10 years of his service |
---|
3630 | | - | as a member of the County Police Department under Article 9, by |
---|
3631 | | - | filing a written election with the Board, accompanied by |
---|
3632 | | - | payment of an amount to be determined by the Board, equal to |
---|
3633 | | - | (i) the difference between the amount of employee and employer |
---|
3634 | | - | contributions transferred to the System under Section 9-121.10 |
---|
3635 | | - | and the amounts that would have been contributed had those |
---|
3636 | | - | contributions been made at the rates applicable to State |
---|
3637 | | - | policemen, plus (ii) interest thereon at the effective rate |
---|
3638 | | - | for each year, compounded annually, from the date of service |
---|
3639 | | - | to the date of payment. |
---|
3640 | | - | (h) Subject to the limitation in subsection (i), a State |
---|
3641 | | - | policeman or investigator for the Secretary of State may elect |
---|
3642 | | - | to establish eligible creditable service for up to 12 years of |
---|
3643 | | - | his service as a policeman under Article 5, by filing a written |
---|
3644 | | - | election with the Board on or before January 31, 1992, and |
---|
3645 | | - | paying to the System by January 31, 1994 an amount to be |
---|
3646 | | - | determined by the Board, equal to (i) the difference between |
---|
3647 | | - | the amount of employee and employer contributions transferred |
---|
3648 | | - | to the System under Section 5-236, and the amounts that would |
---|
3649 | | - | have been contributed had such contributions been made at the |
---|
3650 | | - | rates applicable to State policemen, plus (ii) interest |
---|
3651 | | - | thereon at the effective rate for each year, compounded |
---|
3652 | | - | annually, from the date of service to the date of payment. |
---|
3653 | | - | Subject to the limitation in subsection (i), a State |
---|
3654 | | - | policeman, conservation police officer, or investigator for |
---|
3655 | | - | |
---|
3656 | | - | |
---|
3657 | | - | the Secretary of State may elect to establish eligible |
---|
3658 | | - | creditable service for up to 10 years of service as a sheriff's |
---|
3659 | | - | law enforcement employee under Article 7, by filing a written |
---|
3660 | | - | election with the Board on or before January 31, 1993, and |
---|
3661 | | - | paying to the System by January 31, 1994 an amount to be |
---|
3662 | | - | determined by the Board, equal to (i) the difference between |
---|
3663 | | - | the amount of employee and employer contributions transferred |
---|
3664 | | - | to the System under Section 7-139.7, and the amounts that |
---|
3665 | | - | would have been contributed had such contributions been made |
---|
3666 | | - | at the rates applicable to State policemen, plus (ii) interest |
---|
3667 | | - | thereon at the effective rate for each year, compounded |
---|
3668 | | - | annually, from the date of service to the date of payment. |
---|
3669 | | - | Subject to the limitation in subsection (i), a State |
---|
3670 | | - | policeman, conservation police officer, or investigator for |
---|
3671 | | - | the Secretary of State may elect to establish eligible |
---|
3672 | | - | creditable service for up to 5 years of service as a police |
---|
3673 | | - | officer under Article 3, a policeman under Article 5, a |
---|
3674 | | - | sheriff's law enforcement employee under Article 7, a member |
---|
3675 | | - | of the county police department under Article 9, or a police |
---|
3676 | | - | officer under Article 15 by filing a written election with the |
---|
3677 | | - | Board and paying to the System an amount to be determined by |
---|
3678 | | - | the Board, equal to (i) the difference between the amount of |
---|
3679 | | - | employee and employer contributions transferred to the System |
---|
3680 | | - | under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
---|
3681 | | - | and the amounts that would have been contributed had such |
---|
3682 | | - | contributions been made at the rates applicable to State |
---|
3683 | | - | |
---|
3684 | | - | |
---|
3685 | | - | policemen, plus (ii) interest thereon at the effective rate |
---|
3686 | | - | for each year, compounded annually, from the date of service |
---|
3687 | | - | to the date of payment. |
---|
3688 | | - | Subject to the limitation in subsection (i), an |
---|
3689 | | - | investigator for the Office of the Attorney General, or an |
---|
3690 | | - | investigator for the Department of Revenue, may elect to |
---|
3691 | | - | establish eligible creditable service for up to 5 years of |
---|
3692 | | - | service as a police officer under Article 3, a policeman under |
---|
3693 | | - | Article 5, a sheriff's law enforcement employee under Article |
---|
3694 | | - | 7, or a member of the county police department under Article 9 |
---|
3695 | | - | by filing a written election with the Board within 6 months |
---|
3696 | | - | after August 25, 2009 (the effective date of Public Act |
---|
3697 | | - | 96-745) and paying to the System an amount to be determined by |
---|
3698 | | - | the Board, equal to (i) the difference between the amount of |
---|
3699 | | - | employee and employer contributions transferred to the System |
---|
3700 | | - | under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
---|
3701 | | - | amounts that would have been contributed had such |
---|
3702 | | - | contributions been made at the rates applicable to State |
---|
3703 | | - | policemen, plus (ii) interest thereon at the actuarially |
---|
3704 | | - | assumed rate for each year, compounded annually, from the date |
---|
3705 | | - | of service to the date of payment. |
---|
3706 | | - | Subject to the limitation in subsection (i), a State |
---|
3707 | | - | policeman, conservation police officer, investigator for the |
---|
3708 | | - | Office of the Attorney General, an investigator for the |
---|
3709 | | - | Department of Revenue, or investigator for the Secretary of |
---|
3710 | | - | State may elect to establish eligible creditable service for |
---|
3711 | | - | |
---|
3712 | | - | |
---|
3713 | | - | up to 5 years of service as a person employed by a |
---|
3714 | | - | participating municipality to perform police duties, or law |
---|
3715 | | - | enforcement officer employed on a full-time basis by a forest |
---|
3716 | | - | preserve district under Article 7, a county corrections |
---|
3717 | | - | officer, or a court services officer under Article 9, by |
---|
3718 | | - | filing a written election with the Board within 6 months after |
---|
3719 | | - | August 25, 2009 (the effective date of Public Act 96-745) and |
---|
3720 | | - | paying to the System an amount to be determined by the Board, |
---|
3721 | | - | equal to (i) the difference between the amount of employee and |
---|
3722 | | - | employer contributions transferred to the System under |
---|
3723 | | - | Sections 7-139.8 and 9-121.10 and the amounts that would have |
---|
3724 | | - | been contributed had such contributions been made at the rates |
---|
3725 | | - | applicable to State policemen, plus (ii) interest thereon at |
---|
3726 | | - | the actuarially assumed rate for each year, compounded |
---|
3727 | | - | annually, from the date of service to the date of payment. |
---|
3728 | | - | Subject to the limitation in subsection (i), a State |
---|
3729 | | - | policeman, arson investigator, or Commerce Commission police |
---|
3730 | | - | officer may elect to establish eligible creditable service for |
---|
3731 | | - | up to 5 years of service as a person employed by a |
---|
3732 | | - | participating municipality to perform police duties under |
---|
3733 | | - | Article 7, a county corrections officer, a court services |
---|
3734 | | - | officer under Article 9, or a firefighter under Article 4 by |
---|
3735 | | - | filing a written election with the Board within 6 months after |
---|
3736 | | - | July 30, 2021 (the effective date of Public Act 102-210) and |
---|
3737 | | - | paying to the System an amount to be determined by the Board |
---|
3738 | | - | equal to (i) the difference between the amount of employee and |
---|
3739 | | - | |
---|
3740 | | - | |
---|
3741 | | - | employer contributions transferred to the System under |
---|
3742 | | - | Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that |
---|
3743 | | - | would have been contributed had such contributions been made |
---|
3744 | | - | at the rates applicable to State policemen, plus (ii) interest |
---|
3745 | | - | thereon at the actuarially assumed rate for each year, |
---|
3746 | | - | compounded annually, from the date of service to the date of |
---|
3747 | | - | payment. |
---|
3748 | | - | Subject to the limitation in subsection (i), a |
---|
3749 | | - | conservation police officer may elect to establish eligible |
---|
3750 | | - | creditable service for up to 5 years of service as a person |
---|
3751 | | - | employed by a participating municipality to perform police |
---|
3752 | | - | duties under Article 7, a county corrections officer, or a |
---|
3753 | | - | court services officer under Article 9 by filing a written |
---|
3754 | | - | election with the Board within 6 months after July 30, 2021 |
---|
3755 | | - | (the effective date of Public Act 102-210) and paying to the |
---|
3756 | | - | System an amount to be determined by the Board equal to (i) the |
---|
3757 | | - | difference between the amount of employee and employer |
---|
3758 | | - | contributions transferred to the System under Sections 7-139.8 |
---|
3759 | | - | and 9-121.10 and the amounts that would have been contributed |
---|
3760 | | - | had such contributions been made at the rates applicable to |
---|
3761 | | - | State policemen, plus (ii) interest thereon at the actuarially |
---|
3762 | | - | assumed rate for each year, compounded annually, from the date |
---|
3763 | | - | of service to the date of payment. |
---|
3764 | | - | Notwithstanding the limitation in subsection (i), a State |
---|
3765 | | - | policeman or conservation police officer may elect to convert |
---|
3766 | | - | service credit earned under this Article to eligible |
---|
3767 | | - | |
---|
3768 | | - | |
---|
3769 | | - | creditable service, as defined by this Section, by filing a |
---|
3770 | | - | written election with the board within 6 months after July 30, |
---|
3771 | | - | 2021 (the effective date of Public Act 102-210) and paying to |
---|
3772 | | - | the System an amount to be determined by the Board equal to (i) |
---|
3773 | | - | the difference between the amount of employee contributions |
---|
3774 | | - | originally paid for that service and the amounts that would |
---|
3775 | | - | have been contributed had such contributions been made at the |
---|
3776 | | - | rates applicable to State policemen, plus (ii) the difference |
---|
3777 | | - | between the employer's normal cost of the credit prior to the |
---|
3778 | | - | conversion authorized by Public Act 102-210 and the employer's |
---|
3779 | | - | normal cost of the credit converted in accordance with Public |
---|
3780 | | - | Act 102-210, plus (iii) interest thereon at the actuarially |
---|
3781 | | - | assumed rate for each year, compounded annually, from the date |
---|
3782 | | - | of service to the date of payment. |
---|
3783 | | - | (i) The total amount of eligible creditable service |
---|
3784 | | - | established by any person under subsections (g), (h), (j), |
---|
3785 | | - | (k), (l), (l-5), (o), and (p) of this Section shall not exceed |
---|
3786 | | - | 12 years. |
---|
3787 | | - | (j) Subject to the limitation in subsection (i), an |
---|
3788 | | - | investigator for the Office of the State's Attorneys Appellate |
---|
3789 | | - | Prosecutor or a controlled substance inspector may elect to |
---|
3790 | | - | establish eligible creditable service for up to 10 years of |
---|
3791 | | - | his service as a policeman under Article 3 or a sheriff's law |
---|
3792 | | - | enforcement employee under Article 7, by filing a written |
---|
3793 | | - | election with the Board, accompanied by payment of an amount |
---|
3794 | | - | to be determined by the Board, equal to (1) the difference |
---|
3795 | | - | |
---|
3796 | | - | |
---|
3797 | | - | between the amount of employee and employer contributions |
---|
3798 | | - | transferred to the System under Section 3-110.6 or 7-139.8, |
---|
3799 | | - | and the amounts that would have been contributed had such |
---|
3800 | | - | contributions been made at the rates applicable to State |
---|
3801 | | - | policemen, plus (2) interest thereon at the effective rate for |
---|
3802 | | - | each year, compounded annually, from the date of service to |
---|
3803 | | - | the date of payment. |
---|
3804 | | - | (k) Subject to the limitation in subsection (i) of this |
---|
3805 | | - | Section, an alternative formula employee may elect to |
---|
3806 | | - | establish eligible creditable service for periods spent as a |
---|
3807 | | - | full-time law enforcement officer or full-time corrections |
---|
3808 | | - | officer employed by the federal government or by a state or |
---|
3809 | | - | local government located outside of Illinois, for which credit |
---|
3810 | | - | is not held in any other public employee pension fund or |
---|
3811 | | - | retirement system. To obtain this credit, the applicant must |
---|
3812 | | - | file a written application with the Board by March 31, 1998, |
---|
3813 | | - | accompanied by evidence of eligibility acceptable to the Board |
---|
3814 | | - | and payment of an amount to be determined by the Board, equal |
---|
3815 | | - | to (1) employee contributions for the credit being |
---|
3816 | | - | established, based upon the applicant's salary on the first |
---|
3817 | | - | day as an alternative formula employee after the employment |
---|
3818 | | - | for which credit is being established and the rates then |
---|
3819 | | - | applicable to alternative formula employees, plus (2) an |
---|
3820 | | - | amount determined by the Board to be the employer's normal |
---|
3821 | | - | cost of the benefits accrued for the credit being established, |
---|
3822 | | - | plus (3) regular interest on the amounts in items (1) and (2) |
---|
3823 | | - | |
---|
3824 | | - | |
---|
3825 | | - | from the first day as an alternative formula employee after |
---|
3826 | | - | the employment for which credit is being established to the |
---|
3827 | | - | date of payment. |
---|
3828 | | - | (l) Subject to the limitation in subsection (i), a |
---|
3829 | | - | security employee of the Department of Corrections may elect, |
---|
3830 | | - | not later than July 1, 1998, to establish eligible creditable |
---|
3831 | | - | service for up to 10 years of his or her service as a policeman |
---|
3832 | | - | under Article 3, by filing a written election with the Board, |
---|
3833 | | - | accompanied by payment of an amount to be determined by the |
---|
3834 | | - | Board, equal to (i) the difference between the amount of |
---|
3835 | | - | employee and employer contributions transferred to the System |
---|
3836 | | - | under Section 3-110.5, and the amounts that would have been |
---|
3837 | | - | contributed had such contributions been made at the rates |
---|
3838 | | - | applicable to security employees of the Department of |
---|
3839 | | - | Corrections, plus (ii) interest thereon at the effective rate |
---|
3840 | | - | for each year, compounded annually, from the date of service |
---|
3841 | | - | to the date of payment. |
---|
3842 | | - | (l-5) Subject to the limitation in subsection (i) of this |
---|
3843 | | - | Section, a State policeman may elect to establish eligible |
---|
3844 | | - | creditable service for up to 5 years of service as a full-time |
---|
3845 | | - | law enforcement officer employed by the federal government or |
---|
3846 | | - | by a state or local government located outside of Illinois for |
---|
3847 | | - | which credit is not held in any other public employee pension |
---|
3848 | | - | fund or retirement system. To obtain this credit, the |
---|
3849 | | - | applicant must file a written application with the Board no |
---|
3850 | | - | later than 3 years after January 1, 2020 (the effective date of |
---|
3851 | | - | |
---|
3852 | | - | |
---|
3853 | | - | Public Act 101-610), accompanied by evidence of eligibility |
---|
3854 | | - | acceptable to the Board and payment of an amount to be |
---|
3855 | | - | determined by the Board, equal to (1) employee contributions |
---|
3856 | | - | for the credit being established, based upon the applicant's |
---|
3857 | | - | salary on the first day as an alternative formula employee |
---|
3858 | | - | after the employment for which credit is being established and |
---|
3859 | | - | the rates then applicable to alternative formula employees, |
---|
3860 | | - | plus (2) an amount determined by the Board to be the employer's |
---|
3861 | | - | normal cost of the benefits accrued for the credit being |
---|
3862 | | - | established, plus (3) regular interest on the amounts in items |
---|
3863 | | - | (1) and (2) from the first day as an alternative formula |
---|
3864 | | - | employee after the employment for which credit is being |
---|
3865 | | - | established to the date of payment. |
---|
3866 | | - | (m) The amendatory changes to this Section made by Public |
---|
3867 | | - | Act 94-696 apply only to: (1) security employees of the |
---|
3868 | | - | Department of Juvenile Justice employed by the Department of |
---|
3869 | | - | Corrections before June 1, 2006 (the effective date of Public |
---|
3870 | | - | Act 94-696) and transferred to the Department of Juvenile |
---|
3871 | | - | Justice by Public Act 94-696; and (2) persons employed by the |
---|
3872 | | - | Department of Juvenile Justice on or after June 1, 2006 (the |
---|
3873 | | - | effective date of Public Act 94-696) who are required by |
---|
3874 | | - | subsection (b) of Section 3-2.5-15 of the Unified Code of |
---|
3875 | | - | Corrections to have any bachelor's or advanced degree from an |
---|
3876 | | - | accredited college or university or, in the case of persons |
---|
3877 | | - | who provide vocational training, who are required to have |
---|
3878 | | - | adequate knowledge in the skill for which they are providing |
---|
3879 | | - | |
---|
3880 | | - | |
---|
3881 | | - | the vocational training. |
---|
3882 | | - | (n) A person employed in a position under subsection (b) |
---|
3883 | | - | of this Section who has purchased service credit under |
---|
3884 | | - | subsection (j) of Section 14-104 or subsection (b) of Section |
---|
3885 | | - | 14-105 in any other capacity under this Article may convert up |
---|
3886 | | - | to 5 years of that service credit into service credit covered |
---|
3887 | | - | under this Section by paying to the Fund an amount equal to (1) |
---|
3888 | | - | the additional employee contribution required under Section |
---|
3889 | | - | 14-133, plus (2) the additional employer contribution required |
---|
3890 | | - | under Section 14-131, plus (3) interest on items (1) and (2) at |
---|
3891 | | - | the actuarially assumed rate from the date of the service to |
---|
3892 | | - | the date of payment. |
---|
3893 | | - | (o) Subject to the limitation in subsection (i), a |
---|
3894 | | - | conservation police officer, investigator for the Secretary of |
---|
3895 | | - | State, Commerce Commission police officer, investigator for |
---|
3896 | | - | the Department of Revenue or the Illinois Gaming Board, or |
---|
3897 | | - | arson investigator subject to subsection (g) of Section 1-160 |
---|
3898 | | - | may elect to convert up to 8 years of service credit |
---|
3899 | | - | established before January 1, 2020 (the effective date of |
---|
3900 | | - | Public Act 101-610) as a conservation police officer, |
---|
3901 | | - | investigator for the Secretary of State, Commerce Commission |
---|
3902 | | - | police officer, investigator for the Department of Revenue or |
---|
3903 | | - | the Illinois Gaming Board, or arson investigator under this |
---|
3904 | | - | Article into eligible creditable service by filing a written |
---|
3905 | | - | election with the Board no later than one year after January 1, |
---|
3906 | | - | 2020 (the effective date of Public Act 101-610), accompanied |
---|
3907 | | - | |
---|
3908 | | - | |
---|
3909 | | - | by payment of an amount to be determined by the Board equal to |
---|
3910 | | - | (i) the difference between the amount of the employee |
---|
3911 | | - | contributions actually paid for that service and the amount of |
---|
3912 | | - | the employee contributions that would have been paid had the |
---|
3913 | | - | employee contributions been made as a noncovered employee |
---|
3914 | | - | serving in a position in which eligible creditable service, as |
---|
3915 | | - | defined in this Section, may be earned, plus (ii) interest |
---|
3916 | | - | thereon at the effective rate for each year, compounded |
---|
3917 | | - | annually, from the date of service to the date of payment. |
---|
3918 | | - | (p) Subject to the limitation in subsection (i), an |
---|
3919 | | - | investigator for the Office of the Attorney General subject to |
---|
3920 | | - | subsection (g) of Section 1-160 may elect to convert up to 8 |
---|
3921 | | - | years of service credit established before the effective date |
---|
3922 | | - | of this amendatory Act of the 102nd General Assembly as an |
---|
3923 | | - | investigator for the Office of the Attorney General under this |
---|
3924 | | - | Article into eligible creditable service by filing a written |
---|
3925 | | - | election with the Board no later than one year after the |
---|
3926 | | - | effective date of this amendatory Act of the 102nd General |
---|
3927 | | - | Assembly, accompanied by payment of an amount to be determined |
---|
3928 | | - | by the Board equal to (i) the difference between the amount of |
---|
3929 | | - | the employee contributions actually paid for that service and |
---|
3930 | | - | the amount of the employee contributions that would have been |
---|
3931 | | - | paid had the employee contributions been made as a noncovered |
---|
3932 | | - | employee serving in a position in which eligible creditable |
---|
3933 | | - | service, as defined in this Section, may be earned, plus (ii) |
---|
3934 | | - | interest thereon at the effective rate for each year, |
---|
3935 | | - | |
---|
3936 | | - | |
---|
3937 | | - | compounded annually, from the date of service to the date of |
---|
3938 | | - | payment. |
---|
3939 | | - | (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
---|
3940 | | - | 102-538, eff. 8-20-21; 102-956, eff. 5-27-22.) |
---|
3941 | | - | Section 45. The Intergovernmental Missing Child Recovery |
---|
3942 | | - | Act of 1984 is amended by changing Section 6 as follows: |
---|
3943 | | - | (325 ILCS 40/6) (from Ch. 23, par. 2256) |
---|
3944 | | - | Sec. 6. The Illinois State Police shall: |
---|
3945 | | - | (a) Utilize the statewide Law Enforcement Agencies Data |
---|
3946 | | - | System (LEADS) for the purpose of effecting an immediate law |
---|
3947 | | - | enforcement response to reports of missing children. The |
---|
3948 | | - | Illinois State Police shall implement an automated data |
---|
3949 | | - | exchange system to compile, to maintain and to make available |
---|
3950 | | - | for dissemination to Illinois and out-of-State law enforcement |
---|
3951 | | - | agencies, data which can assist appropriate agencies in |
---|
3952 | | - | recovering missing children. |
---|
3953 | | - | (b) Establish contacts and exchange information regarding |
---|
3954 | | - | lost, missing or runaway children with nationally recognized |
---|
3955 | | - | "missing person and runaway" service organizations and monitor |
---|
3956 | | - | national research and publicize important developments. |
---|
3957 | | - | (c) Provide a uniform reporting format for the entry of |
---|
3958 | | - | pertinent information regarding reports of missing children |
---|
3959 | | - | into LEADS. |
---|
3960 | | - | (d) Develop and implement a policy whereby a statewide or |
---|
3961 | | - | |
---|
3962 | | - | |
---|
3963 | | - | regional alert would be used in situations relating to the |
---|
3964 | | - | disappearances of children, based on criteria and in a format |
---|
3965 | | - | established by the Illinois State Police. Such a format shall |
---|
3966 | | - | include, but not be limited to, the age and physical |
---|
3967 | | - | description of the missing child and the suspected |
---|
3968 | | - | circumstances of the disappearance. |
---|
3969 | | - | (e) Notify all law enforcement agencies that reports of |
---|
3970 | | - | missing persons shall be entered as soon as the minimum level |
---|
3971 | | - | of data specified by the Illinois State Police is available to |
---|
3972 | | - | the reporting agency and that no waiting period for entry of |
---|
3973 | | - | such data exists. |
---|
3974 | | - | (f) Provide a procedure for prompt confirmation of the |
---|
3975 | | - | receipt and entry of the missing child report into LEADS to the |
---|
3976 | | - | parent or guardian of the missing child. |
---|
3977 | | - | (g) Compile and retain information regarding missing |
---|
3978 | | - | children in a separate data file, in a manner that allows such |
---|
3979 | | - | information to be used by law enforcement and other agencies |
---|
3980 | | - | deemed appropriate by the Director, for investigative |
---|
3981 | | - | purposes. Such files shall be updated to reflect and include |
---|
3982 | | - | information relating to the disposition of the case. |
---|
3983 | | - | (h) Compile and maintain an historic data repository |
---|
3984 | | - | relating to missing children in order (1) to develop and |
---|
3985 | | - | improve techniques utilized by law enforcement agencies when |
---|
3986 | | - | responding to reports of missing children and (2) to provide a |
---|
3987 | | - | factual and statistical base for research that would address |
---|
3988 | | - | the problem of missing children. |
---|
3989 | | - | |
---|
3990 | | - | |
---|
3991 | | - | (i) Create a quality control program to assess the monitor |
---|
3992 | | - | timeliness of entries of missing children reports into LEADS |
---|
3993 | | - | and conduct performance audits of all entering agencies. |
---|
3994 | | - | (j) Prepare a periodic information bulletin concerning |
---|
3995 | | - | missing children who it determines may be present in this |
---|
3996 | | - | State, compiling such bulletin from information contained in |
---|
3997 | | - | both the National Crime Information Center computer and from |
---|
3998 | | - | reports, alerts and other information entered into LEADS or |
---|
3999 | | - | otherwise compiled and retained by the Illinois State Police |
---|
4000 | | - | pursuant to this Act. The bulletin shall indicate the name, |
---|
4001 | | - | age, physical description, suspected circumstances of |
---|
4002 | | - | disappearance if that information is available, a photograph |
---|
4003 | | - | if one is available, the name of the law enforcement agency |
---|
4004 | | - | investigating the case, and such other information as the |
---|
4005 | | - | Director considers appropriate concerning each missing child |
---|
4006 | | - | who the Illinois State Police determines may be present in |
---|
4007 | | - | this State. The Illinois State Police shall send a copy of each |
---|
4008 | | - | periodic information bulletin to the State Board of Education |
---|
4009 | | - | for its use in accordance with Section 2-3.48 of the School |
---|
4010 | | - | Code. The Illinois State Police shall provide a copy of the |
---|
4011 | | - | bulletin, upon request, to law enforcement agencies of this or |
---|
4012 | | - | any other state or of the federal government, and may provide a |
---|
4013 | | - | copy of the bulletin, upon request, to other persons or |
---|
4014 | | - | entities, if deemed appropriate by the Director, and may |
---|
4015 | | - | establish limitations on its use and a reasonable fee for so |
---|
4016 | | - | providing the same, except that no fee shall be charged for |
---|
4017 | | - | |
---|
4018 | | - | |
---|
4019 | | - | providing the periodic information bulletin to the State Board |
---|
4020 | | - | of Education, appropriate units of local government, State |
---|
4021 | | - | agencies, or law enforcement agencies of this or any other |
---|
4022 | | - | state or of the federal government. |
---|
4023 | | - | (k) Provide for the entry into LEADS of the names and |
---|
4024 | | - | addresses of sex offenders as defined in the Sex Offender |
---|
4025 | | - | Registration Act who are required to register under that Act. |
---|
4026 | | - | The information shall be immediately accessible to law |
---|
4027 | | - | enforcement agencies and peace officers of this State or any |
---|
4028 | | - | other state or of the federal government. Similar information |
---|
4029 | | - | may be requested from any other state or of the federal |
---|
4030 | | - | government for purposes of this Act. |
---|
4031 | | - | (l) Provide for the entry into LEADS of the names and |
---|
4032 | | - | addresses of violent offenders against youth as defined in the |
---|
4033 | | - | Murderer and Violent Offender Against Youth Registration Act |
---|
4034 | | - | who are required to register under that Act. The information |
---|
4035 | | - | shall be immediately accessible to law enforcement agencies |
---|
4036 | | - | and peace officers of this State or any other state or of the |
---|
4037 | | - | federal government. Similar information may be requested from |
---|
4038 | | - | any other state or of the federal government for purposes of |
---|
4039 | | - | this Act. |
---|
4040 | | - | (Source: P.A. 102-538, eff. 8-20-21.) |
---|
4041 | | - | Section 50. The Sex Offender Registration Act is amended |
---|
4042 | | - | by changing Section 11 as follows: |
---|
4043 | | - | |
---|
4044 | | - | |
---|
4045 | | - | (730 ILCS 150/11) |
---|
4046 | | - | Sec. 11. Offender Registration Fund. There is created the |
---|
4047 | | - | Offender Registration Fund (formerly known as the Sex Offender |
---|
4048 | | - | Registration Fund). Moneys in the Fund shall be used to cover |
---|
4049 | | - | costs incurred by the criminal justice system to administer |
---|
4050 | | - | this Article and the Murderer and Violent Offender Against |
---|
4051 | | - | Youth Registration Act, and for purposes as authorized under |
---|
4052 | | - | this Section 5-9-1.15 of the Unified Code of Corrections. The |
---|
4053 | | - | Illinois State Police shall establish and promulgate rules and |
---|
4054 | | - | procedures regarding the administration of this Fund. Fifty |
---|
4055 | | - | percent of the moneys in the Fund shall be allocated by the |
---|
4056 | | - | Department for sheriffs' offices and police departments. The |
---|
4057 | | - | remaining moneys in the Fund received under this amendatory |
---|
4058 | | - | Act of the 101st General Assembly shall be allocated to the |
---|
4059 | | - | Illinois State Police for education and administration of the |
---|
4060 | | - | Act. |
---|
4061 | | - | Notwithstanding any other provision of law, in addition to |
---|
4062 | | - | any other transfers that may be provided by law, on the |
---|
4063 | | - | effective date of this amendatory Act of the 103rd General |
---|
4064 | | - | Assembly, or as soon thereafter as practical, the State |
---|
4065 | | - | Comptroller shall direct and the State Treasurer shall |
---|
4066 | | - | transfer the remaining balance from the Sex Offender |
---|
4067 | | - | Investigation Fund to the Offender Registration Fund. Upon |
---|
4068 | | - | completion of the transfers, the Sex Offender Investigation |
---|
4069 | | - | Fund is dissolved, and any future deposits into the Sex |
---|
4070 | | - | Offender Investigation Fund and any outstanding obligations or |
---|
4071 | | - | |
---|
4072 | | - | |
---|
4073 | | - | liabilities of the Sex Offender Investigation Fund pass to the |
---|
4074 | | - | Offender Registration Fund. |
---|
4075 | | - | (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.) |
---|
| 32 | + | HB2412 Enrolled- 2 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 2 - LRB103 05885 RLC 56341 b |
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| 33 | + | HB2412 Enrolled - 2 - LRB103 05885 RLC 56341 b |
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| 34 | + | 1 to known or suspected cases of sexually transmissible |
---|
| 35 | + | 2 disease or any information the disclosure of which is |
---|
| 36 | + | 3 restricted under the Illinois Sexually Transmissible |
---|
| 37 | + | 4 Disease Control Act. |
---|
| 38 | + | 5 (e) Information the disclosure of which is exempted |
---|
| 39 | + | 6 under Section 30 of the Radon Industry Licensing Act. |
---|
| 40 | + | 7 (f) Firm performance evaluations under Section 55 of |
---|
| 41 | + | 8 the Architectural, Engineering, and Land Surveying |
---|
| 42 | + | 9 Qualifications Based Selection Act. |
---|
| 43 | + | 10 (g) Information the disclosure of which is restricted |
---|
| 44 | + | 11 and exempted under Section 50 of the Illinois Prepaid |
---|
| 45 | + | 12 Tuition Act. |
---|
| 46 | + | 13 (h) Information the disclosure of which is exempted |
---|
| 47 | + | 14 under the State Officials and Employees Ethics Act, and |
---|
| 48 | + | 15 records of any lawfully created State or local inspector |
---|
| 49 | + | 16 general's office that would be exempt if created or |
---|
| 50 | + | 17 obtained by an Executive Inspector General's office under |
---|
| 51 | + | 18 that Act. |
---|
| 52 | + | 19 (i) Information contained in a local emergency energy |
---|
| 53 | + | 20 plan submitted to a municipality in accordance with a |
---|
| 54 | + | 21 local emergency energy plan ordinance that is adopted |
---|
| 55 | + | 22 under Section 11-21.5-5 of the Illinois Municipal Code. |
---|
| 56 | + | 23 (j) Information and data concerning the distribution |
---|
| 57 | + | 24 of surcharge moneys collected and remitted by carriers |
---|
| 58 | + | 25 under the Emergency Telephone System Act. |
---|
| 59 | + | 26 (k) Law enforcement officer identification information |
---|
| 60 | + | |
---|
| 61 | + | |
---|
| 62 | + | |
---|
| 63 | + | |
---|
| 64 | + | |
---|
| 65 | + | HB2412 Enrolled - 2 - LRB103 05885 RLC 56341 b |
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| 66 | + | |
---|
| 67 | + | |
---|
| 68 | + | HB2412 Enrolled- 3 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 3 - LRB103 05885 RLC 56341 b |
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| 69 | + | HB2412 Enrolled - 3 - LRB103 05885 RLC 56341 b |
---|
| 70 | + | 1 or driver identification information compiled by a law |
---|
| 71 | + | 2 enforcement agency or the Department of Transportation |
---|
| 72 | + | 3 under Section 11-212 of the Illinois Vehicle Code. |
---|
| 73 | + | 4 (l) Records and information provided to a residential |
---|
| 74 | + | 5 health care facility resident sexual assault and death |
---|
| 75 | + | 6 review team or the Executive Council under the Abuse |
---|
| 76 | + | 7 Prevention Review Team Act. |
---|
| 77 | + | 8 (m) Information provided to the predatory lending |
---|
| 78 | + | 9 database created pursuant to Article 3 of the Residential |
---|
| 79 | + | 10 Real Property Disclosure Act, except to the extent |
---|
| 80 | + | 11 authorized under that Article. |
---|
| 81 | + | 12 (n) Defense budgets and petitions for certification of |
---|
| 82 | + | 13 compensation and expenses for court appointed trial |
---|
| 83 | + | 14 counsel as provided under Sections 10 and 15 of the |
---|
| 84 | + | 15 Capital Crimes Litigation Act. This subsection (n) shall |
---|
| 85 | + | 16 apply until the conclusion of the trial of the case, even |
---|
| 86 | + | 17 if the prosecution chooses not to pursue the death penalty |
---|
| 87 | + | 18 prior to trial or sentencing. |
---|
| 88 | + | 19 (o) Information that is prohibited from being |
---|
| 89 | + | 20 disclosed under Section 4 of the Illinois Health and |
---|
| 90 | + | 21 Hazardous Substances Registry Act. |
---|
| 91 | + | 22 (p) Security portions of system safety program plans, |
---|
| 92 | + | 23 investigation reports, surveys, schedules, lists, data, or |
---|
| 93 | + | 24 information compiled, collected, or prepared by or for the |
---|
| 94 | + | 25 Department of Transportation under Sections 2705-300 and |
---|
| 95 | + | 26 2705-616 of the Department of Transportation Law of the |
---|
| 96 | + | |
---|
| 97 | + | |
---|
| 98 | + | |
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| 99 | + | |
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| 100 | + | |
---|
| 101 | + | HB2412 Enrolled - 3 - LRB103 05885 RLC 56341 b |
---|
| 102 | + | |
---|
| 103 | + | |
---|
| 104 | + | HB2412 Enrolled- 4 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 4 - LRB103 05885 RLC 56341 b |
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| 105 | + | HB2412 Enrolled - 4 - LRB103 05885 RLC 56341 b |
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| 106 | + | 1 Civil Administrative Code of Illinois, the Regional |
---|
| 107 | + | 2 Transportation Authority under Section 2.11 of the |
---|
| 108 | + | 3 Regional Transportation Authority Act, or the St. Clair |
---|
| 109 | + | 4 County Transit District under the Bi-State Transit Safety |
---|
| 110 | + | 5 Act. |
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| 111 | + | 6 (q) Information prohibited from being disclosed by the |
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| 112 | + | 7 Personnel Record Review Act. |
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| 113 | + | 8 (r) Information prohibited from being disclosed by the |
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| 114 | + | 9 Illinois School Student Records Act. |
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| 115 | + | 10 (s) Information the disclosure of which is restricted |
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| 116 | + | 11 under Section 5-108 of the Public Utilities Act. |
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| 117 | + | 12 (t) All identified or deidentified health information |
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| 118 | + | 13 in the form of health data or medical records contained |
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| 119 | + | 14 in, stored in, submitted to, transferred by, or released |
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| 120 | + | 15 from the Illinois Health Information Exchange, and |
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| 121 | + | 16 identified or deidentified health information in the form |
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| 122 | + | 17 of health data and medical records of the Illinois Health |
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| 123 | + | 18 Information Exchange in the possession of the Illinois |
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| 124 | + | 19 Health Information Exchange Office due to its |
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| 125 | + | 20 administration of the Illinois Health Information |
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| 126 | + | 21 Exchange. The terms "identified" and "deidentified" shall |
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| 127 | + | 22 be given the same meaning as in the Health Insurance |
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| 128 | + | 23 Portability and Accountability Act of 1996, Public Law |
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| 129 | + | 24 104-191, or any subsequent amendments thereto, and any |
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| 130 | + | 25 regulations promulgated thereunder. |
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| 131 | + | 26 (u) Records and information provided to an independent |
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| 132 | + | |
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| 133 | + | |
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| 134 | + | |
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| 135 | + | |
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| 136 | + | |
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| 137 | + | HB2412 Enrolled - 4 - LRB103 05885 RLC 56341 b |
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| 138 | + | |
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| 139 | + | |
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| 140 | + | HB2412 Enrolled- 5 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 5 - LRB103 05885 RLC 56341 b |
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| 141 | + | HB2412 Enrolled - 5 - LRB103 05885 RLC 56341 b |
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| 142 | + | 1 team of experts under the Developmental Disability and |
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| 143 | + | 2 Mental Health Safety Act (also known as Brian's Law). |
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| 144 | + | 3 (v) Names and information of people who have applied |
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| 145 | + | 4 for or received Firearm Owner's Identification Cards under |
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| 146 | + | 5 the Firearm Owners Identification Card Act or applied for |
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| 147 | + | 6 or received a concealed carry license under the Firearm |
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| 148 | + | 7 Concealed Carry Act, unless otherwise authorized by the |
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| 149 | + | 8 Firearm Concealed Carry Act; and databases under the |
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| 150 | + | 9 Firearm Concealed Carry Act, records of the Concealed |
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| 151 | + | 10 Carry Licensing Review Board under the Firearm Concealed |
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| 152 | + | 11 Carry Act, and law enforcement agency objections under the |
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| 153 | + | 12 Firearm Concealed Carry Act. |
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| 154 | + | 13 (v-5) Records of the Firearm Owner's Identification |
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| 155 | + | 14 Card Review Board that are exempted from disclosure under |
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| 156 | + | 15 Section 10 of the Firearm Owners Identification Card Act. |
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| 157 | + | 16 (w) Personally identifiable information which is |
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| 158 | + | 17 exempted from disclosure under subsection (g) of Section |
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| 159 | + | 18 19.1 of the Toll Highway Act. |
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| 160 | + | 19 (x) Information which is exempted from disclosure |
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| 161 | + | 20 under Section 5-1014.3 of the Counties Code or Section |
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| 162 | + | 21 8-11-21 of the Illinois Municipal Code. |
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| 163 | + | 22 (y) Confidential information under the Adult |
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| 164 | + | 23 Protective Services Act and its predecessor enabling |
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| 165 | + | 24 statute, the Elder Abuse and Neglect Act, including |
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| 166 | + | 25 information about the identity and administrative finding |
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| 167 | + | 26 against any caregiver of a verified and substantiated |
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| 168 | + | |
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| 169 | + | |
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| 170 | + | |
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| 171 | + | |
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| 172 | + | |
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| 173 | + | HB2412 Enrolled - 5 - LRB103 05885 RLC 56341 b |
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| 174 | + | |
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| 175 | + | |
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| 176 | + | HB2412 Enrolled- 6 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 6 - LRB103 05885 RLC 56341 b |
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| 177 | + | HB2412 Enrolled - 6 - LRB103 05885 RLC 56341 b |
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| 178 | + | 1 decision of abuse, neglect, or financial exploitation of |
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| 179 | + | 2 an eligible adult maintained in the Registry established |
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| 180 | + | 3 under Section 7.5 of the Adult Protective Services Act. |
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| 181 | + | 4 (z) Records and information provided to a fatality |
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| 182 | + | 5 review team or the Illinois Fatality Review Team Advisory |
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| 183 | + | 6 Council under Section 15 of the Adult Protective Services |
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| 184 | + | 7 Act. |
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| 185 | + | 8 (aa) Information which is exempted from disclosure |
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| 186 | + | 9 under Section 2.37 of the Wildlife Code. |
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| 187 | + | 10 (bb) Information which is or was prohibited from |
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| 188 | + | 11 disclosure by the Juvenile Court Act of 1987. |
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| 189 | + | 12 (cc) Recordings made under the Law Enforcement |
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| 190 | + | 13 Officer-Worn Body Camera Act, except to the extent |
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| 191 | + | 14 authorized under that Act. |
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| 192 | + | 15 (dd) Information that is prohibited from being |
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| 193 | + | 16 disclosed under Section 45 of the Condominium and Common |
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| 194 | + | 17 Interest Community Ombudsperson Act. |
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| 195 | + | 18 (ee) Information that is exempted from disclosure |
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| 196 | + | 19 under Section 30.1 of the Pharmacy Practice Act. |
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| 197 | + | 20 (ff) Information that is exempted from disclosure |
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| 198 | + | 21 under the Revised Uniform Unclaimed Property Act. |
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| 199 | + | 22 (gg) Information that is prohibited from being |
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| 200 | + | 23 disclosed under Section 7-603.5 of the Illinois Vehicle |
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| 201 | + | 24 Code. |
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| 202 | + | 25 (hh) Records that are exempt from disclosure under |
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| 203 | + | 26 Section 1A-16.7 of the Election Code. |
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| 204 | + | |
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| 205 | + | |
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| 206 | + | |
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| 207 | + | |
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| 208 | + | |
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| 209 | + | HB2412 Enrolled - 6 - LRB103 05885 RLC 56341 b |
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| 210 | + | |
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| 211 | + | |
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| 212 | + | HB2412 Enrolled- 7 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 7 - LRB103 05885 RLC 56341 b |
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| 213 | + | HB2412 Enrolled - 7 - LRB103 05885 RLC 56341 b |
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| 214 | + | 1 (ii) Information which is exempted from disclosure |
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| 215 | + | 2 under Section 2505-800 of the Department of Revenue Law of |
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| 216 | + | 3 the Civil Administrative Code of Illinois. |
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| 217 | + | 4 (jj) Information and reports that are required to be |
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| 218 | + | 5 submitted to the Department of Labor by registering day |
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| 219 | + | 6 and temporary labor service agencies but are exempt from |
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| 220 | + | 7 disclosure under subsection (a-1) of Section 45 of the Day |
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| 221 | + | 8 and Temporary Labor Services Act. |
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| 222 | + | 9 (kk) Information prohibited from disclosure under the |
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| 223 | + | 10 Seizure and Forfeiture Reporting Act. |
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| 224 | + | 11 (ll) Information the disclosure of which is restricted |
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| 225 | + | 12 and exempted under Section 5-30.8 of the Illinois Public |
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| 226 | + | 13 Aid Code. |
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| 227 | + | 14 (mm) Records that are exempt from disclosure under |
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| 228 | + | 15 Section 4.2 of the Crime Victims Compensation Act. |
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| 229 | + | 16 (nn) Information that is exempt from disclosure under |
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| 230 | + | 17 Section 70 of the Higher Education Student Assistance Act. |
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| 231 | + | 18 (oo) Communications, notes, records, and reports |
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| 232 | + | 19 arising out of a peer support counseling session |
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| 233 | + | 20 prohibited from disclosure under the First Responders |
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| 234 | + | 21 Suicide Prevention Act. |
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| 235 | + | 22 (pp) Names and all identifying information relating to |
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| 236 | + | 23 an employee of an emergency services provider or law |
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| 237 | + | 24 enforcement agency under the First Responders Suicide |
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| 238 | + | 25 Prevention Act. |
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| 239 | + | 26 (qq) Information and records held by the Department of |
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| 240 | + | |
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| 241 | + | |
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| 242 | + | |
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| 243 | + | |
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| 244 | + | |
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| 245 | + | HB2412 Enrolled - 7 - LRB103 05885 RLC 56341 b |
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| 246 | + | |
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| 247 | + | |
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| 248 | + | HB2412 Enrolled- 8 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 8 - LRB103 05885 RLC 56341 b |
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| 249 | + | HB2412 Enrolled - 8 - LRB103 05885 RLC 56341 b |
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| 250 | + | 1 Public Health and its authorized representatives collected |
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| 251 | + | 2 under the Reproductive Health Act. |
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| 252 | + | 3 (rr) Information that is exempt from disclosure under |
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| 253 | + | 4 the Cannabis Regulation and Tax Act. |
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| 254 | + | 5 (ss) Data reported by an employer to the Department of |
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| 255 | + | 6 Human Rights pursuant to Section 2-108 of the Illinois |
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| 256 | + | 7 Human Rights Act. |
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| 257 | + | 8 (tt) Recordings made under the Children's Advocacy |
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| 258 | + | 9 Center Act, except to the extent authorized under that |
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| 259 | + | 10 Act. |
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| 260 | + | 11 (uu) Information that is exempt from disclosure under |
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| 261 | + | 12 Section 50 of the Sexual Assault Evidence Submission Act. |
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| 262 | + | 13 (vv) Information that is exempt from disclosure under |
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| 263 | + | 14 subsections (f) and (j) of Section 5-36 of the Illinois |
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| 264 | + | 15 Public Aid Code. |
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| 265 | + | 16 (ww) Information that is exempt from disclosure under |
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| 266 | + | 17 Section 16.8 of the State Treasurer Act. |
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| 267 | + | 18 (xx) Information that is exempt from disclosure or |
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| 268 | + | 19 information that shall not be made public under the |
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| 269 | + | 20 Illinois Insurance Code. |
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| 270 | + | 21 (yy) Information prohibited from being disclosed under |
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| 271 | + | 22 the Illinois Educational Labor Relations Act. |
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| 272 | + | 23 (zz) Information prohibited from being disclosed under |
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| 273 | + | 24 the Illinois Public Labor Relations Act. |
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| 274 | + | 25 (aaa) Information prohibited from being disclosed |
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| 275 | + | 26 under Section 1-167 of the Illinois Pension Code. |
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| 276 | + | |
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| 277 | + | |
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| 278 | + | |
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| 279 | + | |
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| 280 | + | |
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| 281 | + | HB2412 Enrolled - 8 - LRB103 05885 RLC 56341 b |
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| 282 | + | |
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| 283 | + | |
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| 284 | + | HB2412 Enrolled- 9 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 9 - LRB103 05885 RLC 56341 b |
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| 285 | + | HB2412 Enrolled - 9 - LRB103 05885 RLC 56341 b |
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| 286 | + | 1 (bbb) Information that is prohibited from disclosure |
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| 287 | + | 2 by the Illinois Police Training Act and the Illinois State |
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| 288 | + | 3 Police Act. |
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| 289 | + | 4 (ccc) Records exempt from disclosure under Section |
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| 290 | + | 5 2605-304 of the Illinois State Police Law of the Civil |
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| 291 | + | 6 Administrative Code of Illinois. |
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| 292 | + | 7 (ddd) Information prohibited from being disclosed |
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| 293 | + | 8 under Section 35 of the Address Confidentiality for |
---|
| 294 | + | 9 Victims of Domestic Violence, Sexual Assault, Human |
---|
| 295 | + | 10 Trafficking, or Stalking Act. |
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| 296 | + | 11 (eee) Information prohibited from being disclosed |
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| 297 | + | 12 under subsection (b) of Section 75 of the Domestic |
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| 298 | + | 13 Violence Fatality Review Act. |
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| 299 | + | 14 (fff) Images from cameras under the Expressway Camera |
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| 300 | + | 15 Act. This subsection (fff) is inoperative on and after |
---|
| 301 | + | 16 July 1, 2025 2023. |
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| 302 | + | 17 (ggg) Information prohibited from disclosure under |
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| 303 | + | 18 paragraph (3) of subsection (a) of Section 14 of the Nurse |
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| 304 | + | 19 Agency Licensing Act. |
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| 305 | + | 20 (hhh) Information submitted to the Illinois Department |
---|
| 306 | + | 21 of State Police in an affidavit or application for an |
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| 307 | + | 22 assault weapon endorsement, assault weapon attachment |
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| 308 | + | 23 endorsement, .50 caliber rifle endorsement, or .50 caliber |
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| 309 | + | 24 cartridge endorsement under the Firearm Owners |
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| 310 | + | 25 Identification Card Act. |
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| 311 | + | 26 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
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| 312 | + | |
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| 313 | + | |
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| 314 | + | |
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| 315 | + | |
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| 316 | + | |
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| 317 | + | HB2412 Enrolled - 9 - LRB103 05885 RLC 56341 b |
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| 318 | + | |
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| 319 | + | |
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| 320 | + | HB2412 Enrolled- 10 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 10 - LRB103 05885 RLC 56341 b |
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| 321 | + | HB2412 Enrolled - 10 - LRB103 05885 RLC 56341 b |
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| 322 | + | 1 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. |
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| 323 | + | 2 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, |
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| 324 | + | 3 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; |
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| 325 | + | 4 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. |
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| 326 | + | 5 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, |
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| 327 | + | 6 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; |
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| 328 | + | 7 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. |
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| 329 | + | 8 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised |
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| 330 | + | 9 2-13-23.) |
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| 331 | + | 10 Section 5. The Gun Trafficking Information Act is amended |
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| 332 | + | 11 by changing Section 10-5 as follows: |
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| 333 | + | 12 (5 ILCS 830/10-5) |
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| 334 | + | 13 Sec. 10-5. Gun trafficking information. |
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| 335 | + | 14 (a) The Illinois State Police shall use all reasonable |
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| 336 | + | 15 efforts, as allowed by State law and regulations, federal law |
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| 337 | + | 16 and regulations, and executed Memoranda of Understanding |
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| 338 | + | 17 between Illinois law enforcement agencies and the U.S. Bureau |
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| 339 | + | 18 of Alcohol, Tobacco, Firearms and Explosives, in making |
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| 340 | + | 19 publicly available, on a regular and ongoing basis, key |
---|
| 341 | + | 20 information related to firearms used in the commission of |
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| 342 | + | 21 crimes in this State, including, but not limited to: reports |
---|
| 343 | + | 22 on crimes committed with firearms, locations where the crimes |
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| 344 | + | 23 occurred, the number of persons killed or injured in the |
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| 345 | + | 24 commission of the crimes, the state where the firearms used |
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| 346 | + | |
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| 347 | + | |
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| 348 | + | |
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| 349 | + | |
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| 350 | + | |
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| 351 | + | HB2412 Enrolled - 10 - LRB103 05885 RLC 56341 b |
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| 352 | + | |
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| 353 | + | |
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| 354 | + | HB2412 Enrolled- 11 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 11 - LRB103 05885 RLC 56341 b |
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| 355 | + | HB2412 Enrolled - 11 - LRB103 05885 RLC 56341 b |
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| 356 | + | 1 originated, the Federal Firearms Licensee that sold the |
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| 357 | + | 2 firearm, the type of firearms used, if known, annual |
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| 358 | + | 3 statistical information concerning Firearm Owner's |
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| 359 | + | 4 Identification Card and concealed carry license applications, |
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| 360 | + | 5 revocations, and compliance with Section 9.5 of the Firearm |
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| 361 | + | 6 Owners Identification Card Act, the information required in |
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| 362 | + | 7 the report or on the Illinois State Police's website under |
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| 363 | + | 8 Section 85 of the Firearms Restraining Order Act firearm |
---|
| 364 | + | 9 restraining order dispositions, and firearm dealer license |
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| 365 | + | 10 certification inspections. The Illinois State Police shall |
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| 366 | + | 11 make the information available on its website, which may be |
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| 367 | + | 12 presented in a dashboard format, in addition to electronically |
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| 368 | + | 13 filing a report with the Governor and the General Assembly. |
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| 369 | + | 14 The report to the General Assembly shall be filed with the |
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| 370 | + | 15 Clerk of the House of Representatives and the Secretary of the |
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| 371 | + | 16 Senate in electronic form only, in the manner that the Clerk |
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| 372 | + | 17 and the Secretary shall direct. |
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| 373 | + | 18 (b) The Illinois State Police shall study, on a regular |
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| 374 | + | 19 and ongoing basis, and compile reports on the number of |
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| 375 | + | 20 Firearm Owner's Identification Card checks to determine |
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| 376 | + | 21 firearms trafficking or straw purchase patterns. The Illinois |
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| 377 | + | 22 State Police shall, to the extent not inconsistent with law, |
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| 378 | + | 23 share such reports and underlying data with academic centers, |
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| 379 | + | 24 foundations, and law enforcement agencies studying firearms |
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| 380 | + | 25 trafficking, provided that personally identifying information |
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| 381 | + | 26 is protected. For purposes of this subsection (b), a Firearm |
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| 382 | + | |
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| 383 | + | |
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| 384 | + | |
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| 385 | + | |
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| 386 | + | |
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| 387 | + | HB2412 Enrolled - 11 - LRB103 05885 RLC 56341 b |
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| 388 | + | |
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| 389 | + | |
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| 390 | + | HB2412 Enrolled- 12 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 12 - LRB103 05885 RLC 56341 b |
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| 391 | + | HB2412 Enrolled - 12 - LRB103 05885 RLC 56341 b |
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| 392 | + | 1 Owner's Identification Card number is not personally |
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| 393 | + | 2 identifying information, provided that no other personal |
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| 394 | + | 3 information of the card holder is attached to the record. The |
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| 395 | + | 4 Illinois State Police may create and attach an alternate |
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| 396 | + | 5 unique identifying number to each Firearm Owner's |
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| 397 | + | 6 Identification Card number, instead of releasing the Firearm |
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| 398 | + | 7 Owner's Identification Card number itself. |
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| 399 | + | 8 (c) Each department, office, division, and agency of this |
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| 400 | + | 9 State shall, to the extent not inconsistent with law, |
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| 401 | + | 10 cooperate fully with the Illinois State Police and furnish the |
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| 402 | + | 11 Illinois State Police with all relevant information and |
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| 403 | + | 12 assistance on a timely basis as is necessary to accomplish the |
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| 404 | + | 13 purpose of this Act. The Illinois Criminal Justice Information |
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| 405 | + | 14 Authority shall submit the information required in subsection |
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| 406 | + | 15 (a) of this Section to the Illinois State Police, and any other |
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| 407 | + | 16 information as the Illinois State Police may request, to |
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| 408 | + | 17 assist the Illinois State Police in carrying out its duties |
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| 409 | + | 18 under this Act. |
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| 410 | + | 19 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
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| 411 | + | 20 102-813, eff. 5-13-22.) |
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| 412 | + | 21 Section 10. The Illinois State Police Law of the Civil |
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| 413 | + | 22 Administrative Code of Illinois is amended by changing |
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| 414 | + | 23 Sections 2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, |
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| 415 | + | 24 2605-51, 2605-52, 2605-200, and 2605-615 as follows: |
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| 416 | + | |
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| 417 | + | |
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| 418 | + | |
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| 419 | + | |
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| 420 | + | |
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| 421 | + | HB2412 Enrolled - 12 - LRB103 05885 RLC 56341 b |
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| 422 | + | |
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| 423 | + | |
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| 424 | + | HB2412 Enrolled- 13 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 13 - LRB103 05885 RLC 56341 b |
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| 425 | + | HB2412 Enrolled - 13 - LRB103 05885 RLC 56341 b |
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| 426 | + | 1 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part) |
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| 427 | + | 2 Sec. 2605-10. Powers and duties, generally. |
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| 428 | + | 3 (a) The Illinois State Police shall exercise the rights, |
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| 429 | + | 4 powers, and duties that have been vested in the Illinois State |
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| 430 | + | 5 Police by the following: |
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| 431 | + | 6 The Illinois State Police Act. |
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| 432 | + | 7 The Illinois State Police Radio Act. |
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| 433 | + | 8 The Criminal Identification Act. |
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| 434 | + | 9 The Illinois Vehicle Code. |
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| 435 | + | 10 The Firearm Owners Identification Card Act. |
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| 436 | + | 11 The Firearm Concealed Carry Act. |
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| 437 | + | 12 The Firearm Dealer License Certification Act Gun Dealer |
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| 438 | + | 13 Licensing Act. |
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| 439 | + | 14 The Intergovernmental Missing Child Recovery Act of 1984. |
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| 440 | + | 15 The Intergovernmental Drug Laws Enforcement Act. |
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| 441 | + | 16 The Narcotic Control Division Abolition Act. |
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| 442 | + | 17 The Illinois Uniform Conviction Information Act. |
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| 443 | + | 18 The Murderer and Violent Offender Against Youth |
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| 444 | + | 19 Registration Act. |
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| 445 | + | 20 (b) The Illinois State Police shall have the powers and |
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| 446 | + | 21 duties set forth in the following Sections. |
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| 447 | + | 22 (c) The Illinois State Police shall exercise the rights, |
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| 448 | + | 23 powers, and duties vested in the Illinois State Police to |
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| 449 | + | 24 implement the following protective service functions for State |
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| 450 | + | 25 facilities, State officials, and State employees serving in |
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| 451 | + | 26 their official capacity: |
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| 452 | + | |
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| 453 | + | |
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| 454 | + | |
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| 455 | + | |
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| 456 | + | |
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| 457 | + | HB2412 Enrolled - 13 - LRB103 05885 RLC 56341 b |
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| 458 | + | |
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| 459 | + | |
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| 460 | + | HB2412 Enrolled- 14 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 14 - LRB103 05885 RLC 56341 b |
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| 461 | + | HB2412 Enrolled - 14 - LRB103 05885 RLC 56341 b |
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| 462 | + | 1 (1) Utilize subject matter expertise and law |
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| 463 | + | 2 enforcement authority to strengthen the protection of |
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| 464 | + | 3 State government facilities, State employees, State |
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| 465 | + | 4 officials, and State critical infrastructure. |
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| 466 | + | 5 (2) Coordinate State, federal, and local law |
---|
| 467 | + | 6 enforcement activities involving the protection of State |
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| 468 | + | 7 facilities, officials and employees. |
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| 469 | + | 8 (3) Conduct investigations of criminal threats to |
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| 470 | + | 9 State facilities, State critical infrastructure, State |
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| 471 | + | 10 officials and State employees. |
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| 472 | + | 11 (4) Train State officials and employees in personal |
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| 473 | + | 12 protection, crime prevention, facility occupant emergency |
---|
| 474 | + | 13 planning, and incident management. |
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| 475 | + | 14 (5) Establish standard protocols for prevention and |
---|
| 476 | + | 15 response to criminal threats to State facilities, State |
---|
| 477 | + | 16 officials, State employees, State critical infrastructure, |
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| 478 | + | 17 and standard protocols for reporting of suspicious |
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| 479 | + | 18 activities. |
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| 480 | + | 19 (6) Establish minimum operational standards, |
---|
| 481 | + | 20 qualifications, training, and compliance requirements for |
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| 482 | + | 21 State employees and contractors engaged in the protection |
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| 483 | + | 22 of State facilities and employees. |
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| 484 | + | 23 (7) At the request of departments or agencies of State |
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| 485 | + | 24 government, conduct security assessments, including, but |
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| 486 | + | 25 not limited to, examination of alarm systems, cameras |
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| 487 | + | 26 systems, access points, personnel readiness, and emergency |
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| 488 | + | |
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| 489 | + | |
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| 490 | + | |
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| 491 | + | |
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| 492 | + | |
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| 493 | + | HB2412 Enrolled - 14 - LRB103 05885 RLC 56341 b |
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| 494 | + | |
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| 495 | + | |
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| 496 | + | HB2412 Enrolled- 15 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 15 - LRB103 05885 RLC 56341 b |
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| 497 | + | HB2412 Enrolled - 15 - LRB103 05885 RLC 56341 b |
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| 498 | + | 1 protocols based on risk and need. |
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| 499 | + | 2 (8) Oversee the planning and implementation of |
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| 500 | + | 3 security and law enforcement activities necessary for the |
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| 501 | + | 4 protection of major, multi-jurisdictional events |
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| 502 | + | 5 implicating potential criminal threats to State officials, |
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| 503 | + | 6 State employees, or State-owned, State-leased, or |
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| 504 | + | 7 State-operated critical infrastructure or facilities. |
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| 505 | + | 8 (9) Oversee and direct the planning and implementation |
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| 506 | + | 9 of security and law enforcement activities by the |
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| 507 | + | 10 departments and agencies of the State necessary for the |
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| 508 | + | 11 protection of State employees, State officials, and |
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| 509 | + | 12 State-owned, State-leased, or State-operated critical |
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| 510 | + | 13 infrastructure or facilities from criminal activity. |
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| 511 | + | 14 (10) Advise the Governor and Homeland Security Advisor |
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| 512 | + | 15 on any matters necessary for the effective protection of |
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| 513 | + | 16 State facilities, critical infrastructure, officials, and |
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| 514 | + | 17 employees from criminal threats. |
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| 515 | + | 18 (11) Utilize intergovernmental agreements and |
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| 516 | + | 19 administrative rules as needed for the effective, |
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| 517 | + | 20 efficient implementation of law enforcement and support |
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| 518 | + | 21 activities necessary for the protection of State |
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| 519 | + | 22 facilities, State infrastructure, State officials, and |
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| 520 | + | 23 State employees. |
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| 521 | + | 24 (Source: P.A. 102-538, eff. 8-20-21.) |
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| 522 | + | 25 (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1) |
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| 523 | + | |
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| 524 | + | |
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| 525 | + | |
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| 526 | + | |
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| 527 | + | |
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| 528 | + | HB2412 Enrolled - 15 - LRB103 05885 RLC 56341 b |
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| 529 | + | |
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| 530 | + | |
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| 531 | + | HB2412 Enrolled- 16 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 16 - LRB103 05885 RLC 56341 b |
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| 532 | + | HB2412 Enrolled - 16 - LRB103 05885 RLC 56341 b |
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| 533 | + | 1 Sec. 2605-25. Illinois State Police divisions. |
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| 534 | + | 2 (a) The Illinois State Police is divided into the Division |
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| 535 | + | 3 of Statewide 9-1-1, the Division of Patrol Operations, the |
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| 536 | + | 4 Division of Criminal Investigation, the Division of Forensic |
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| 537 | + | 5 Services, the Division of Justice Services, the Division of |
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| 538 | + | 6 the Academy and Training, and the Division of Internal |
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| 539 | + | 7 Investigation. |
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| 540 | + | 8 (b) The Office of the Director shall: |
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| 541 | + | 9 (1) Exercise the rights, powers, and duties vested in |
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| 542 | + | 10 the Illinois State Police by the Governor's Office of |
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| 543 | + | 11 Management and Budget Act. |
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| 544 | + | 12 (2) Exercise the rights, powers, and duties vested in |
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| 545 | + | 13 the Illinois State Police by the Personnel Code. |
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| 546 | + | 14 (3) Exercise the rights, powers, and duties vested in |
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| 547 | + | 15 the Illinois State Police by "An Act relating to internal |
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| 548 | + | 16 auditing in State government", approved August 11, 1967 |
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| 549 | + | 17 (repealed; now the Fiscal Control and Internal Auditing |
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| 550 | + | 18 Act). |
---|
| 551 | + | 19 (4) Oversee the Executive Protection Unit. |
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| 552 | + | 20 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.) |
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| 553 | + | 21 (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2) |
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| 554 | + | 22 Sec. 2605-30. Division of Patrol Operations (formerly |
---|
| 555 | + | 23 State Troopers). The Division of Patrol Operations shall |
---|
| 556 | + | 24 exercise the following functions and those in Section 2605-35: |
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| 557 | + | 25 (1) Cooperate with federal and State authorities |
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| 558 | + | |
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| 559 | + | |
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| 560 | + | |
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| 561 | + | |
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| 562 | + | |
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| 563 | + | HB2412 Enrolled - 16 - LRB103 05885 RLC 56341 b |
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| 564 | + | |
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| 565 | + | |
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| 566 | + | HB2412 Enrolled- 17 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 17 - LRB103 05885 RLC 56341 b |
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| 567 | + | HB2412 Enrolled - 17 - LRB103 05885 RLC 56341 b |
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| 568 | + | 1 requesting utilization of the Illinois State Police's |
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| 569 | + | 2 radio network system under the Illinois Aeronautics Act. |
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| 570 | + | 3 (2) Exercise the rights, powers, and duties of the |
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| 571 | + | 4 Illinois State Police under the Illinois State Police Act. |
---|
| 572 | + | 5 (2.5) Provide uniformed patrol of Illinois highways |
---|
| 573 | + | 6 and proactively enforce criminal and traffic laws. |
---|
| 574 | + | 7 (3) (Blank). |
---|
| 575 | + | 8 (4) Exercise the rights, powers, and duties of the |
---|
| 576 | + | 9 Illinois State Police vested by law in the Illinois State |
---|
| 577 | + | 10 Police by the Illinois Vehicle Code. |
---|
| 578 | + | 11 (5) Exercise other duties that have been or may be |
---|
| 579 | + | 12 vested by law in the Illinois State Police. |
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| 580 | + | 13 (6) Exercise other duties that may be assigned by the |
---|
| 581 | + | 14 Director in order to fulfill the responsibilities and to |
---|
| 582 | + | 15 achieve the purposes of the Illinois State Police. |
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| 583 | + | 16 (7) Provide comprehensive law enforcement services to |
---|
| 584 | + | 17 the public and to county, municipal, and federal law |
---|
| 585 | + | 18 enforcement agencies, at their request. |
---|
| 586 | + | 19 (8) Patrol Illinois highways with the intent to |
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| 587 | + | 20 interdict crime and ensure traffic safety while assisting |
---|
| 588 | + | 21 citizens during times of need. |
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| 589 | + | 22 (Source: P.A. 102-538, eff. 8-20-21.) |
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| 590 | + | 23 (20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3) |
---|
| 591 | + | 24 Sec. 2605-35. Division of Criminal Investigation. |
---|
| 592 | + | 25 (a) The Division of Criminal Investigation shall exercise |
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| 593 | + | |
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| 594 | + | |
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| 595 | + | |
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| 596 | + | |
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| 597 | + | |
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| 598 | + | HB2412 Enrolled - 17 - LRB103 05885 RLC 56341 b |
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| 599 | + | |
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| 600 | + | |
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| 601 | + | HB2412 Enrolled- 18 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 18 - LRB103 05885 RLC 56341 b |
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| 602 | + | HB2412 Enrolled - 18 - LRB103 05885 RLC 56341 b |
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| 603 | + | 1 the following functions and those in Section 2605-30: |
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| 604 | + | 2 (1) Exercise the rights, powers, and duties vested by |
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| 605 | + | 3 law in the Illinois State Police by the Illinois Horse |
---|
| 606 | + | 4 Racing Act of 1975, including those set forth in Section |
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| 607 | + | 5 2605-215. |
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| 608 | + | 6 (2) Investigate the origins, activities, personnel, |
---|
| 609 | + | 7 and incidents of crime and enforce the criminal laws of |
---|
| 610 | + | 8 this State related thereto. |
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| 611 | + | 9 (3) Enforce all laws regulating the production, sale, |
---|
| 612 | + | 10 prescribing, manufacturing, administering, transporting, |
---|
| 613 | + | 11 having in possession, dispensing, delivering, |
---|
| 614 | + | 12 distributing, or use of controlled substances and |
---|
| 615 | + | 13 cannabis. |
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| 616 | + | 14 (4) Cooperate with the police of cities, villages, and |
---|
| 617 | + | 15 incorporated towns and with the police officers of any |
---|
| 618 | + | 16 county in enforcing the laws of the State and in making |
---|
| 619 | + | 17 arrests and recovering property. |
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| 620 | + | 18 (5) Apprehend and deliver up any person charged in |
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| 621 | + | 19 this State or any other state with treason or a felony or |
---|
| 622 | + | 20 other crime who has fled from justice and is found in this |
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| 623 | + | 21 State. |
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| 624 | + | 22 (6) Investigate recipients and providers under the |
---|
| 625 | + | 23 Illinois Public Aid Code and any personnel involved in the |
---|
| 626 | + | 24 administration of the Code who are suspected of any |
---|
| 627 | + | 25 violation of the Code pertaining to fraud in the |
---|
| 628 | + | 26 administration, receipt, or provision of assistance and |
---|
| 629 | + | |
---|
| 630 | + | |
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| 631 | + | |
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| 632 | + | |
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| 633 | + | |
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| 634 | + | HB2412 Enrolled - 18 - LRB103 05885 RLC 56341 b |
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| 635 | + | |
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| 636 | + | |
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| 637 | + | HB2412 Enrolled- 19 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 19 - LRB103 05885 RLC 56341 b |
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| 638 | + | HB2412 Enrolled - 19 - LRB103 05885 RLC 56341 b |
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| 639 | + | 1 pertaining to any violation of criminal law; and exercise |
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| 640 | + | 2 the functions required under Section 2605-220 in the |
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| 641 | + | 3 conduct of those investigations. |
---|
| 642 | + | 4 (7) Conduct other investigations as provided by law, |
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| 643 | + | 5 including, but not limited to, investigations of human |
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| 644 | + | 6 trafficking, illegal drug trafficking, and illegal |
---|
| 645 | + | 7 firearms trafficking, and cyber crimes that can be |
---|
| 646 | + | 8 investigated and prosecuted in Illinois. |
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| 647 | + | 9 (8) Investigate public corruption. |
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| 648 | + | 10 (9) Exercise other duties that may be assigned by the |
---|
| 649 | + | 11 Director in order to fulfill the responsibilities and |
---|
| 650 | + | 12 achieve the purposes of the Illinois State Police, which |
---|
| 651 | + | 13 may include the coordination of gang, terrorist, and |
---|
| 652 | + | 14 organized crime prevention, control activities, and |
---|
| 653 | + | 15 assisting local law enforcement in their crime control |
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| 654 | + | 16 activities. |
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| 655 | + | 17 (10) Conduct investigations (and cooperate with |
---|
| 656 | + | 18 federal law enforcement agencies in the investigation) of |
---|
| 657 | + | 19 any property-related crimes, such as money laundering, |
---|
| 658 | + | 20 involving individuals or entities listed on the sanctions |
---|
| 659 | + | 21 list maintained by the U.S. Department of Treasury's |
---|
| 660 | + | 22 Office of Foreign Asset Control. |
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| 661 | + | 23 (11) Oversee Illinois State Police special weapons and |
---|
| 662 | + | 24 tactics (SWAT) teams, including law enforcement response |
---|
| 663 | + | 25 to weapons of mass destruction. |
---|
| 664 | + | 26 (12) Oversee Illinois State Police air operations. |
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| 665 | + | |
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| 666 | + | |
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| 667 | + | |
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| 668 | + | |
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| 669 | + | |
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| 670 | + | HB2412 Enrolled - 19 - LRB103 05885 RLC 56341 b |
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| 671 | + | |
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| 672 | + | |
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| 673 | + | HB2412 Enrolled- 20 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 20 - LRB103 05885 RLC 56341 b |
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| 674 | + | HB2412 Enrolled - 20 - LRB103 05885 RLC 56341 b |
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| 675 | + | 1 (13) Investigate criminal domestic terrorism |
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| 676 | + | 2 incidents, and otherwise deter all criminal threats to |
---|
| 677 | + | 3 Illinois. |
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| 678 | + | 4 (a-5) The Division of Criminal Investigation shall gather |
---|
| 679 | + | 5 information, intelligence, and evidence to facilitate the |
---|
| 680 | + | 6 identification, apprehension, and prosecution of persons |
---|
| 681 | + | 7 responsible for committing crime; to provide specialized |
---|
| 682 | + | 8 intelligence and analysis, investigative, tactical, and |
---|
| 683 | + | 9 technological services in support of law enforcement |
---|
| 684 | + | 10 operations throughout the State of Illinois; and to oversee |
---|
| 685 | + | 11 and operate the statewide criminal intelligence fusion center. |
---|
| 686 | + | 12 (b) (Blank). |
---|
| 687 | + | 13 (c) The Division of Criminal Investigation shall provide |
---|
| 688 | + | 14 statewide coordination and strategy pertaining to |
---|
| 689 | + | 15 firearm-related intelligence, firearms trafficking |
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| 690 | + | 16 interdiction, and investigations reaching across all divisions |
---|
| 691 | + | 17 of the Illinois State Police, including providing crime gun |
---|
| 692 | + | 18 intelligence support for suspects and firearms involved in |
---|
| 693 | + | 19 firearms trafficking or the commission of a crime involving |
---|
| 694 | + | 20 firearms that is investigated by the Illinois State Police and |
---|
| 695 | + | 21 other federal, State, and local law enforcement agencies, with |
---|
| 696 | + | 22 the objective of reducing and preventing illegal possession |
---|
| 697 | + | 23 and use of firearms, firearms trafficking, firearm-related |
---|
| 698 | + | 24 homicides, and other firearm-related violent crimes in |
---|
| 699 | + | 25 Illinois. |
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| 700 | + | 26 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; |
---|
| 701 | + | |
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| 702 | + | |
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| 703 | + | |
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| 704 | + | |
---|
| 705 | + | |
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| 706 | + | HB2412 Enrolled - 20 - LRB103 05885 RLC 56341 b |
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| 707 | + | |
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| 708 | + | |
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| 709 | + | HB2412 Enrolled- 21 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 21 - LRB103 05885 RLC 56341 b |
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| 710 | + | HB2412 Enrolled - 21 - LRB103 05885 RLC 56341 b |
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| 711 | + | 1 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.) |
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| 712 | + | 2 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4) |
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| 713 | + | 3 Sec. 2605-40. Division of Forensic Services. The Division |
---|
| 714 | + | 4 of Forensic Services shall exercise the following functions: |
---|
| 715 | + | 5 (1) Provide crime scene services and traffic crash |
---|
| 716 | + | 6 reconstruction. |
---|
| 717 | + | 7 (2) Exercise the rights, powers, and duties vested by |
---|
| 718 | + | 8 law in the Illinois State Police by Section 2605-300 of |
---|
| 719 | + | 9 this Law. |
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| 720 | + | 10 (3) Provide assistance to local law enforcement |
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| 721 | + | 11 agencies through training, management, and consultant |
---|
| 722 | + | 12 services. |
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| 723 | + | 13 (4) (Blank). |
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| 724 | + | 14 (5) Exercise other duties that may be assigned by the |
---|
| 725 | + | 15 Director in order to fulfill the responsibilities and |
---|
| 726 | + | 16 achieve the purposes of the Illinois State Police. |
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| 727 | + | 17 (6) Establish and operate a forensic science |
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| 728 | + | 18 laboratory system, including a forensic toxicological |
---|
| 729 | + | 19 laboratory service, for the purpose of testing specimens |
---|
| 730 | + | 20 submitted by coroners and other law enforcement officers |
---|
| 731 | + | 21 in their efforts to determine whether alcohol, drugs, or |
---|
| 732 | + | 22 poisonous or other toxic substances have been involved in |
---|
| 733 | + | 23 deaths, accidents, or illness. Forensic toxicological |
---|
| 734 | + | 24 laboratories shall be established in Springfield, Chicago, |
---|
| 735 | + | 25 and elsewhere in the State as needed. |
---|
| 736 | + | |
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| 737 | + | |
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| 738 | + | |
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| 739 | + | |
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| 740 | + | |
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| 741 | + | HB2412 Enrolled - 21 - LRB103 05885 RLC 56341 b |
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| 742 | + | |
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| 743 | + | |
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| 744 | + | HB2412 Enrolled- 22 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 22 - LRB103 05885 RLC 56341 b |
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| 745 | + | HB2412 Enrolled - 22 - LRB103 05885 RLC 56341 b |
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| 746 | + | 1 (6.5) Establish administrative rules in order to set |
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| 747 | + | 2 forth standardized requirements for the disclosure of |
---|
| 748 | + | 3 toxicology results and other relevant documents related to |
---|
| 749 | + | 4 a toxicological analysis. These administrative rules are |
---|
| 750 | + | 5 to be adopted to produce uniform and sufficient |
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| 751 | + | 6 information to allow a proper, well-informed determination |
---|
| 752 | + | 7 of the admissibility of toxicology evidence and to ensure |
---|
| 753 | + | 8 that this evidence is presented competently. These |
---|
| 754 | + | 9 administrative rules are designed to provide a minimum |
---|
| 755 | + | 10 standard for compliance of toxicology evidence and are not |
---|
| 756 | + | 11 intended to limit the production and discovery of material |
---|
| 757 | + | 12 information. |
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| 758 | + | 13 (7) Subject to specific appropriations made for these |
---|
| 759 | + | 14 purposes, establish and coordinate a system for providing |
---|
| 760 | + | 15 accurate and expedited forensic science and other |
---|
| 761 | + | 16 investigative and laboratory services to local law |
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| 762 | + | 17 enforcement agencies and local State's Attorneys in aid of |
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| 763 | + | 18 the investigation and trial of capital cases. |
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| 764 | + | 19 (8) Exercise the rights, powers, and duties vested by |
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| 765 | + | 20 law in the Illinois State Police under the Sexual Assault |
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| 766 | + | 21 Evidence Submission Act. |
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| 767 | + | 22 (9) Serve as the State central repository for all |
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| 768 | + | 23 genetic marker grouping analysis information and exercise |
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| 769 | + | 24 the rights, powers, and duties vested by law in the |
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| 770 | + | 25 Illinois State Police under Section 5-4-3 of the Unified |
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| 771 | + | 26 Code of Corrections. |
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| 772 | + | |
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| 773 | + | |
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| 774 | + | |
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| 775 | + | |
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| 776 | + | |
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| 777 | + | HB2412 Enrolled - 22 - LRB103 05885 RLC 56341 b |
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| 778 | + | |
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| 779 | + | |
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| 780 | + | HB2412 Enrolled- 23 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 23 - LRB103 05885 RLC 56341 b |
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| 781 | + | HB2412 Enrolled - 23 - LRB103 05885 RLC 56341 b |
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| 782 | + | 1 (10) Issue reports required under Section 5-4-3a of |
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| 783 | + | 2 the Unified Code of Corrections. |
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| 784 | + | 3 (11) Oversee the Electronic Laboratory Information |
---|
| 785 | + | 4 Management System under Section 5-4-3b of the Unified Code |
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| 786 | + | 5 of Corrections. |
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| 787 | + | 6 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21; |
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| 788 | + | 7 102-813, eff. 5-13-22.) |
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| 789 | + | 8 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5) |
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| 790 | + | 9 Sec. 2605-45. Division of Justice Services. The Division |
---|
| 791 | + | 10 of Justice Services shall provide administrative and technical |
---|
| 792 | + | 11 services and support to the Illinois State Police, criminal |
---|
| 793 | + | 12 justice agencies, and the public and shall exercise the |
---|
| 794 | + | 13 following functions: |
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| 795 | + | 14 (1) Operate and maintain the Law Enforcement Agencies |
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| 796 | + | 15 Data System (LEADS), a statewide, computerized |
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| 797 | + | 16 telecommunications system designed to provide services, |
---|
| 798 | + | 17 information, and capabilities to the law enforcement and |
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| 799 | + | 18 criminal justice community in the State of Illinois. The |
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| 800 | + | 19 Director is responsible for establishing policy, |
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| 801 | + | 20 procedures, and regulations consistent with State and |
---|
| 802 | + | 21 federal rules, policies, and law by which LEADS operates. |
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| 803 | + | 22 The Director shall designate a statewide LEADS |
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| 804 | + | 23 Administrator for management of the system. The Director |
---|
| 805 | + | 24 may appoint a LEADS Advisory Policy Board to reflect the |
---|
| 806 | + | 25 needs and desires of the law enforcement and criminal |
---|
| 807 | + | |
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| 808 | + | |
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| 809 | + | |
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| 810 | + | |
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| 811 | + | |
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| 812 | + | HB2412 Enrolled - 23 - LRB103 05885 RLC 56341 b |
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| 813 | + | |
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| 814 | + | |
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| 815 | + | HB2412 Enrolled- 24 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 24 - LRB103 05885 RLC 56341 b |
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| 816 | + | HB2412 Enrolled - 24 - LRB103 05885 RLC 56341 b |
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| 817 | + | 1 justice community and to make recommendations concerning |
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| 818 | + | 2 policies and procedures. |
---|
| 819 | + | 3 (2) Pursue research and the publication of studies |
---|
| 820 | + | 4 pertaining to local law enforcement activities. |
---|
| 821 | + | 5 (3) Serve as the State's point of contact for the |
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| 822 | + | 6 Federal Bureau of Investigation's Uniform Crime Reporting |
---|
| 823 | + | 7 Program and National Incident-Based Reporting System. |
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| 824 | + | 8 (4) Operate an electronic data processing and computer |
---|
| 825 | + | 9 center for the storage and retrieval of data pertaining to |
---|
| 826 | + | 10 criminal activity. |
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| 827 | + | 11 (5) Exercise the rights, powers, and duties vested in |
---|
| 828 | + | 12 the Illinois State Police by the Cannabis Regulation and |
---|
| 829 | + | 13 Tax Act and the Compassionate Use of Medical Cannabis |
---|
| 830 | + | 14 Program Act. |
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| 831 | + | 15 (6) (Blank). |
---|
| 832 | + | 16 (6.5) Exercise the rights, powers, and duties vested |
---|
| 833 | + | 17 in the Illinois State Police by the Firearm Owners |
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| 834 | + | 18 Identification Card Act, the Firearm Concealed Carry Act, |
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| 835 | + | 19 the Firearm Transfer Inquiry Program, the prohibited |
---|
| 836 | + | 20 persons portal under Section 2605-304, and the Firearm |
---|
| 837 | + | 21 Dealer License Certification Act. |
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| 838 | + | 22 (7) Exercise other duties that may be assigned by the |
---|
| 839 | + | 23 Director to fulfill the responsibilities and achieve the |
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| 840 | + | 24 purposes of the Illinois State Police. |
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| 841 | + | 25 (8) Exercise the rights, powers, and duties vested by |
---|
| 842 | + | 26 law in the Illinois State Police by the Criminal |
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| 843 | + | |
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| 844 | + | |
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| 845 | + | |
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| 846 | + | |
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| 847 | + | |
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| 848 | + | HB2412 Enrolled - 24 - LRB103 05885 RLC 56341 b |
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| 849 | + | |
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| 850 | + | |
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| 851 | + | HB2412 Enrolled- 25 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 25 - LRB103 05885 RLC 56341 b |
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| 852 | + | HB2412 Enrolled - 25 - LRB103 05885 RLC 56341 b |
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| 853 | + | 1 Identification Act and the Illinois Uniform Conviction |
---|
| 854 | + | 2 Information Act. |
---|
| 855 | + | 3 (9) Exercise the powers and perform the duties that |
---|
| 856 | + | 4 have been vested in the Illinois State Police by the |
---|
| 857 | + | 5 Murderer and Violent Offender Against Youth Registration |
---|
| 858 | + | 6 Act, the Sex Offender Registration Act, and the Sex |
---|
| 859 | + | 7 Offender Community Notification Law and adopt reasonable |
---|
| 860 | + | 8 rules necessitated thereby. |
---|
| 861 | + | 9 (10) Serve as the State central repository for |
---|
| 862 | + | 10 criminal history record information. |
---|
| 863 | + | 11 (11) Share all necessary information with the |
---|
| 864 | + | 12 Concealed Carry Licensing Review Board and the Firearms |
---|
| 865 | + | 13 Owner's Identification Card Review Board necessary for the |
---|
| 866 | + | 14 execution of their duties. |
---|
| 867 | + | 15 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.) |
---|
| 868 | + | 16 (20 ILCS 2605/2605-51) |
---|
| 869 | + | 17 Sec. 2605-51. Division of the Academy and Training. |
---|
| 870 | + | 18 (a) The Division of the Academy and Training shall |
---|
| 871 | + | 19 exercise, but not be limited to, the following functions: |
---|
| 872 | + | 20 (1) Oversee and operate the Illinois State Police |
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| 873 | + | 21 Training Academy. |
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| 874 | + | 22 (2) Train and prepare new officers for a career in law |
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| 875 | + | 23 enforcement, with innovative, quality training and |
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| 876 | + | 24 educational practices. |
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| 877 | + | 25 (3) Offer continuing training and educational programs |
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| 878 | + | |
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| 879 | + | |
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| 880 | + | |
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| 881 | + | |
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| 882 | + | |
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| 883 | + | HB2412 Enrolled - 25 - LRB103 05885 RLC 56341 b |
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| 884 | + | |
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| 885 | + | |
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| 886 | + | HB2412 Enrolled- 26 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 26 - LRB103 05885 RLC 56341 b |
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| 887 | + | HB2412 Enrolled - 26 - LRB103 05885 RLC 56341 b |
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| 888 | + | 1 for Illinois State Police employees. |
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| 889 | + | 2 (4) Oversee the Illinois State Police's recruitment |
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| 890 | + | 3 initiatives. |
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| 891 | + | 4 (5) Oversee and operate the Illinois State Police's |
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| 892 | + | 5 quartermaster. |
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| 893 | + | 6 (6) Duties assigned to the Illinois State Police in |
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| 894 | + | 7 Article 5, Chapter 11 of the Illinois Vehicle Code |
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| 895 | + | 8 concerning testing and training officers on the detection |
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| 896 | + | 9 of impaired driving. |
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| 897 | + | 10 (7) Duties assigned to the Illinois State Police in |
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| 898 | + | 11 Article 108B of the Code of Criminal Procedure. |
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| 899 | + | 12 (a-5) Successful completion of the Illinois State Police |
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| 900 | + | 13 Academy satisfies the minimum standards pursuant to |
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| 901 | + | 14 subsections (a), (b), and (d) of Section 7 of the Illinois |
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| 902 | + | 15 Police Training Act and exempts State police officers from the |
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| 903 | + | 16 Illinois Law Enforcement Training Standards Board's State |
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| 904 | + | 17 Comprehensive Examination and Equivalency Examination. |
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| 905 | + | 18 Satisfactory completion shall be evidenced by a commission or |
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| 906 | + | 19 certificate issued to the officer. |
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| 907 | + | 20 (b) The Division of the Academy and Training shall |
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| 908 | + | 21 exercise the rights, powers, and duties vested in the former |
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| 909 | + | 22 Division of State Troopers by Section 17 of the Illinois State |
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| 910 | + | 23 Police Act. |
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| 911 | + | 24 (c) Specialized training. |
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| 912 | + | 25 (1) Training; cultural diversity. The Division of the |
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| 913 | + | 26 Academy and Training shall provide training and continuing |
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| 914 | + | |
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| 915 | + | |
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| 916 | + | |
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| 917 | + | |
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| 918 | + | |
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| 919 | + | HB2412 Enrolled - 26 - LRB103 05885 RLC 56341 b |
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| 920 | + | |
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| 921 | + | |
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| 922 | + | HB2412 Enrolled- 27 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 27 - LRB103 05885 RLC 56341 b |
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| 923 | + | HB2412 Enrolled - 27 - LRB103 05885 RLC 56341 b |
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| 924 | + | 1 education to State police officers concerning cultural |
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| 925 | + | 2 diversity, including sensitivity toward racial and ethnic |
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| 926 | + | 3 differences. This training and continuing education shall |
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| 927 | + | 4 include, but not be limited to, an emphasis on the fact |
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| 928 | + | 5 that the primary purpose of enforcement of the Illinois |
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| 929 | + | 6 Vehicle Code is safety and equal and uniform enforcement |
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| 930 | + | 7 under the law. |
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| 931 | + | 8 (2) Training; death and homicide investigations. The |
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| 932 | + | 9 Division of the Academy and Training shall provide |
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| 933 | + | 10 training in death and homicide investigation for State |
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| 934 | + | 11 police officers. Only State police officers who |
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| 935 | + | 12 successfully complete the training may be assigned as lead |
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| 936 | + | 13 investigators in death and homicide investigations. |
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| 937 | + | 14 Satisfactory completion of the training shall be evidenced |
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| 938 | + | 15 by a certificate issued to the officer by the Division of |
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| 939 | + | 16 the Academy and Training. The Director shall develop a |
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| 940 | + | 17 process for waiver applications for officers whose prior |
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| 941 | + | 18 training and experience as homicide investigators may |
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| 942 | + | 19 qualify them for a waiver. The Director may issue a |
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| 943 | + | 20 waiver, at his or her discretion, based solely on the |
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| 944 | + | 21 prior training and experience of an officer as a homicide |
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| 945 | + | 22 investigator. |
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| 946 | + | 23 (A) The Division shall require all homicide |
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| 947 | + | 24 investigator training to include instruction on |
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| 948 | + | 25 victim-centered, trauma-informed investigation. This |
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| 949 | + | 26 training must be implemented by July 1, 2023. |
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| 950 | + | |
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| 951 | + | |
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| 952 | + | |
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| 953 | + | |
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| 954 | + | |
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| 955 | + | HB2412 Enrolled - 27 - LRB103 05885 RLC 56341 b |
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| 956 | + | |
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| 957 | + | |
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| 958 | + | HB2412 Enrolled- 28 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 28 - LRB103 05885 RLC 56341 b |
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| 959 | + | HB2412 Enrolled - 28 - LRB103 05885 RLC 56341 b |
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| 960 | + | 1 (B) The Division shall cooperate with the Division |
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| 961 | + | 2 of Criminal Investigation to develop a model |
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| 962 | + | 3 curriculum on victim-centered, trauma-informed |
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| 963 | + | 4 investigation. This curriculum must be implemented by |
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| 964 | + | 5 July 1, 2023. |
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| 965 | + | 6 (3) Training; police dog training standards. All |
---|
| 966 | + | 7 police dogs used by the Illinois State Police for drug |
---|
| 967 | + | 8 enforcement purposes pursuant to the Cannabis Control Act, |
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| 968 | + | 9 the Illinois Controlled Substances Act, and the |
---|
| 969 | + | 10 Methamphetamine Control and Community Protection Act shall |
---|
| 970 | + | 11 be trained by programs that meet the certification |
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| 971 | + | 12 requirements set by the Director or the Director's |
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| 972 | + | 13 designee. Satisfactory completion of the training shall be |
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| 973 | + | 14 evidenced by a certificate issued by the Division of the |
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| 974 | + | 15 Academy and Training. |
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| 975 | + | 16 (4) Training; post-traumatic stress disorder. The |
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| 976 | + | 17 Division of the Academy and Training shall conduct or |
---|
| 977 | + | 18 approve a training program in post-traumatic stress |
---|
| 978 | + | 19 disorder for State police officers. The purpose of that |
---|
| 979 | + | 20 training shall be to equip State police officers to |
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| 980 | + | 21 identify the symptoms of post-traumatic stress disorder |
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| 981 | + | 22 and to respond appropriately to individuals exhibiting |
---|
| 982 | + | 23 those symptoms. |
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| 983 | + | 24 (5) Training; opioid antagonists. The Division of the |
---|
| 984 | + | 25 Academy and Training shall conduct or approve a training |
---|
| 985 | + | 26 program for State police officers in the administration of |
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| 986 | + | |
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| 987 | + | |
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| 988 | + | |
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| 989 | + | |
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| 990 | + | |
---|
| 991 | + | HB2412 Enrolled - 28 - LRB103 05885 RLC 56341 b |
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| 992 | + | |
---|
| 993 | + | |
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| 994 | + | HB2412 Enrolled- 29 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 29 - LRB103 05885 RLC 56341 b |
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| 995 | + | HB2412 Enrolled - 29 - LRB103 05885 RLC 56341 b |
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| 996 | + | 1 opioid antagonists as defined in paragraph (1) of |
---|
| 997 | + | 2 subsection (e) of Section 5-23 of the Substance Use |
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| 998 | + | 3 Disorder Act that is in accordance with that Section. As |
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| 999 | + | 4 used in this Section, "State police officers" includes |
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| 1000 | + | 5 full-time or part-time State police officers, |
---|
| 1001 | + | 6 investigators, and any other employee of the Illinois |
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| 1002 | + | 7 State Police exercising the powers of a peace officer. |
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| 1003 | + | 8 (6) Training; sexual assault and sexual abuse. |
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| 1004 | + | 9 (A) Every 3 years, the Division of the Academy and |
---|
| 1005 | + | 10 Training shall present in-service training on sexual |
---|
| 1006 | + | 11 assault and sexual abuse response and report writing |
---|
| 1007 | + | 12 training requirements, including, but not limited to, |
---|
| 1008 | + | 13 the following: |
---|
| 1009 | + | 14 (i) recognizing the symptoms of trauma; |
---|
| 1010 | + | 15 (ii) understanding the role trauma has played |
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| 1011 | + | 16 in a victim's life; |
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| 1012 | + | 17 (iii) responding to the needs and concerns of |
---|
| 1013 | + | 18 a victim; |
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| 1014 | + | 19 (iv) delivering services in a compassionate, |
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| 1015 | + | 20 sensitive, and nonjudgmental manner; |
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| 1016 | + | 21 (v) interviewing techniques in accordance with |
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| 1017 | + | 22 the curriculum standards in this paragraph (6); |
---|
| 1018 | + | 23 (vi) understanding cultural perceptions and |
---|
| 1019 | + | 24 common myths of sexual assault and sexual abuse; |
---|
| 1020 | + | 25 and |
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| 1021 | + | 26 (vii) report writing techniques in accordance |
---|
| 1022 | + | |
---|
| 1023 | + | |
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| 1024 | + | |
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| 1025 | + | |
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| 1026 | + | |
---|
| 1027 | + | HB2412 Enrolled - 29 - LRB103 05885 RLC 56341 b |
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| 1028 | + | |
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| 1029 | + | |
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| 1030 | + | HB2412 Enrolled- 30 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 30 - LRB103 05885 RLC 56341 b |
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| 1031 | + | HB2412 Enrolled - 30 - LRB103 05885 RLC 56341 b |
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| 1032 | + | 1 with the curriculum standards in this paragraph |
---|
| 1033 | + | 2 (6). |
---|
| 1034 | + | 3 (B) This training must also be presented in all |
---|
| 1035 | + | 4 full and part-time basic law enforcement academies. |
---|
| 1036 | + | 5 (C) Instructors providing this training shall have |
---|
| 1037 | + | 6 successfully completed training on evidence-based, |
---|
| 1038 | + | 7 trauma-informed, victim-centered responses to cases of |
---|
| 1039 | + | 8 sexual assault and sexual abuse and have experience |
---|
| 1040 | + | 9 responding to sexual assault and sexual abuse cases. |
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| 1041 | + | 10 (D) The Illinois State Police shall adopt rules, |
---|
| 1042 | + | 11 in consultation with the Office of the Attorney |
---|
| 1043 | + | 12 General and the Illinois Law Enforcement Training |
---|
| 1044 | + | 13 Standards Board, to determine the specific training |
---|
| 1045 | + | 14 requirements for these courses, including, but not |
---|
| 1046 | + | 15 limited to, the following: |
---|
| 1047 | + | 16 (i) evidence-based curriculum standards for |
---|
| 1048 | + | 17 report writing and immediate response to sexual |
---|
| 1049 | + | 18 assault and sexual abuse, including |
---|
| 1050 | + | 19 trauma-informed, victim-centered interview |
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| 1051 | + | 20 techniques, which have been demonstrated to |
---|
| 1052 | + | 21 minimize retraumatization, for all State police |
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| 1053 | + | 22 officers; and |
---|
| 1054 | + | 23 (ii) evidence-based curriculum standards for |
---|
| 1055 | + | 24 trauma-informed, victim-centered investigation |
---|
| 1056 | + | 25 and interviewing techniques, which have been |
---|
| 1057 | + | 26 demonstrated to minimize retraumatization, for |
---|
| 1058 | + | |
---|
| 1059 | + | |
---|
| 1060 | + | |
---|
| 1061 | + | |
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| 1062 | + | |
---|
| 1063 | + | HB2412 Enrolled - 30 - LRB103 05885 RLC 56341 b |
---|
| 1064 | + | |
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| 1065 | + | |
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| 1066 | + | HB2412 Enrolled- 31 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 31 - LRB103 05885 RLC 56341 b |
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| 1067 | + | HB2412 Enrolled - 31 - LRB103 05885 RLC 56341 b |
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| 1068 | + | 1 cases of sexual assault and sexual abuse for all |
---|
| 1069 | + | 2 State police officers who conduct sexual assault |
---|
| 1070 | + | 3 and sexual abuse investigations. |
---|
| 1071 | + | 4 (7) Training; human trafficking. The Division of the |
---|
| 1072 | + | 5 Academy and Training shall conduct or approve a training |
---|
| 1073 | + | 6 program in the detection and investigation of all forms of |
---|
| 1074 | + | 7 human trafficking, including, but not limited to, |
---|
| 1075 | + | 8 involuntary servitude under subsection (b) of Section 10-9 |
---|
| 1076 | + | 9 of the Criminal Code of 2012, involuntary sexual servitude |
---|
| 1077 | + | 10 of a minor under subsection (c) of Section 10-9 of the |
---|
| 1078 | + | 11 Criminal Code of 2012, and trafficking in persons under |
---|
| 1079 | + | 12 subsection (d) of Section 10-9 of the Criminal Code of |
---|
| 1080 | + | 13 2012. This program shall be made available to all cadets |
---|
| 1081 | + | 14 and State police officers. |
---|
| 1082 | + | 15 (8) Training; hate crimes. The Division of the Academy |
---|
| 1083 | + | 16 and Training shall provide training for State police |
---|
| 1084 | + | 17 officers in identifying, responding to, and reporting all |
---|
| 1085 | + | 18 hate crimes. |
---|
| 1086 | + | 19 (d) The Division of the Academy and Training shall |
---|
| 1087 | + | 20 administer and conduct a program consistent with 18 U.S.C. |
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| 1088 | + | 21 926B and 926C for qualified active and retired Illinois State |
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| 1089 | + | 22 Police officers. |
---|
| 1090 | + | 23 (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22; |
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| 1091 | + | 24 102-813, eff. 5-13-22.) |
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| 1092 | + | 25 (20 ILCS 2605/2605-52) |
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| 1093 | + | |
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| 1094 | + | |
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| 1095 | + | |
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| 1096 | + | |
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| 1097 | + | |
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| 1098 | + | HB2412 Enrolled - 31 - LRB103 05885 RLC 56341 b |
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| 1099 | + | |
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| 1100 | + | |
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| 1101 | + | HB2412 Enrolled- 32 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 32 - LRB103 05885 RLC 56341 b |
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| 1102 | + | HB2412 Enrolled - 32 - LRB103 05885 RLC 56341 b |
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| 1103 | + | 1 Sec. 2605-52. Division of Statewide 9-1-1. |
---|
| 1104 | + | 2 (a) There shall be established an Office of the Statewide |
---|
| 1105 | + | 3 9-1-1 Administrator within the Division of Statewide 9-1-1. |
---|
| 1106 | + | 4 Beginning January 1, 2016, the Office of the Statewide 9-1-1 |
---|
| 1107 | + | 5 Administrator shall be responsible for developing, |
---|
| 1108 | + | 6 implementing, and overseeing a uniform statewide 9-1-1 system |
---|
| 1109 | + | 7 for all areas of the State outside of municipalities having a |
---|
| 1110 | + | 8 population over 500,000. |
---|
| 1111 | + | 9 (b) The Governor shall appoint, with the advice and |
---|
| 1112 | + | 10 consent of the Senate, a Statewide 9-1-1 Administrator. The |
---|
| 1113 | + | 11 Administrator shall serve for a term of 2 years, and until a |
---|
| 1114 | + | 12 successor is appointed and qualified; except that the term of |
---|
| 1115 | + | 13 the first 9-1-1 Administrator appointed under this Act shall |
---|
| 1116 | + | 14 expire on the third Monday in January, 2017. The Administrator |
---|
| 1117 | + | 15 shall not hold any other remunerative public office. The |
---|
| 1118 | + | 16 Administrator shall receive an annual salary as set by the |
---|
| 1119 | + | 17 Governor. |
---|
| 1120 | + | 18 (c) The Illinois State Police, from appropriations made to |
---|
| 1121 | + | 19 it for that purpose, shall make grants to 9-1-1 Authorities |
---|
| 1122 | + | 20 for the purpose of defraying costs associated with 9-1-1 |
---|
| 1123 | + | 21 system consolidations awarded by the Administrator under |
---|
| 1124 | + | 22 Section 15.4b of the Emergency Telephone System Act. |
---|
| 1125 | + | 23 (d) The Division of Statewide 9-1-1 shall exercise the |
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| 1126 | + | 24 rights, powers, and duties vested by law in the Illinois State |
---|
| 1127 | + | 25 Police by the State Police Radio Act and shall oversee the |
---|
| 1128 | + | 26 Illinois State Police radio network, including the Illinois |
---|
| 1129 | + | |
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| 1130 | + | |
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| 1131 | + | |
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| 1132 | + | |
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| 1133 | + | |
---|
| 1134 | + | HB2412 Enrolled - 32 - LRB103 05885 RLC 56341 b |
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| 1135 | + | |
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| 1136 | + | |
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| 1137 | + | HB2412 Enrolled- 33 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 33 - LRB103 05885 RLC 56341 b |
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| 1138 | + | HB2412 Enrolled - 33 - LRB103 05885 RLC 56341 b |
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| 1139 | + | 1 State Police Emergency Radio Network and Illinois State |
---|
| 1140 | + | 2 Police's STARCOM21. |
---|
| 1141 | + | 3 (e) The Division of Statewide 9-1-1 shall also conduct the |
---|
| 1142 | + | 4 following communication activities: |
---|
| 1143 | + | 5 (1) Acquire and operate one or more radio broadcasting |
---|
| 1144 | + | 6 stations in the State to be used for police purposes. |
---|
| 1145 | + | 7 (2) Operate a statewide communications network to |
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| 1146 | + | 8 gather and disseminate information for law enforcement |
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| 1147 | + | 9 agencies. |
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| 1148 | + | 10 (3) Undertake other communication activities that may |
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| 1149 | + | 11 be required by law. |
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| 1150 | + | 12 (4) Oversee Illinois State Police telecommunications. |
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| 1151 | + | 13 (f) The Division of Statewide 9-1-1 shall oversee the |
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| 1152 | + | 14 Illinois State Police fleet operations. |
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| 1153 | + | 15 (Source: P.A. 102-538, eff. 8-20-21.) |
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| 1154 | + | 16 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part) |
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| 1155 | + | 17 Sec. 2605-200. Investigations of crime; enforcement of |
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| 1156 | + | 18 laws; records; crime laboratories; personnel. |
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| 1157 | + | 19 (a) To do the following: |
---|
| 1158 | + | 20 (1) Investigate the origins, activities, personnel, |
---|
| 1159 | + | 21 and incidents of crime and the ways and means to redress |
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| 1160 | + | 22 the victims of crimes; study the impact, if any, of |
---|
| 1161 | + | 23 legislation relative to the effusion of crime and growing |
---|
| 1162 | + | 24 crime rates; and enforce the criminal laws of this State |
---|
| 1163 | + | 25 related thereto. |
---|
| 1164 | + | |
---|
| 1165 | + | |
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| 1166 | + | |
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| 1167 | + | |
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| 1168 | + | |
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| 1169 | + | HB2412 Enrolled - 33 - LRB103 05885 RLC 56341 b |
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| 1170 | + | |
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| 1171 | + | |
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| 1172 | + | HB2412 Enrolled- 34 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 34 - LRB103 05885 RLC 56341 b |
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| 1173 | + | HB2412 Enrolled - 34 - LRB103 05885 RLC 56341 b |
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| 1174 | + | 1 (2) Enforce all laws regulating the production, sale, |
---|
| 1175 | + | 2 prescribing, manufacturing, administering, transporting, |
---|
| 1176 | + | 3 having in possession, dispensing, delivering, |
---|
| 1177 | + | 4 distributing, or use of controlled substances and |
---|
| 1178 | + | 5 cannabis. |
---|
| 1179 | + | 6 (3) Employ skilled experts, scientists, technicians, |
---|
| 1180 | + | 7 investigators, or otherwise specially qualified persons to |
---|
| 1181 | + | 8 aid in preventing or detecting crime, apprehending |
---|
| 1182 | + | 9 criminals, or preparing and presenting evidence of |
---|
| 1183 | + | 10 violations of the criminal laws of the State. |
---|
| 1184 | + | 11 (4) Cooperate with the police of cities, villages, and |
---|
| 1185 | + | 12 incorporated towns and with the police officers of any |
---|
| 1186 | + | 13 county in enforcing the laws of the State and in making |
---|
| 1187 | + | 14 arrests and recovering property. |
---|
| 1188 | + | 15 (5) Apprehend and deliver up any person charged in |
---|
| 1189 | + | 16 this State or any other state of the United States with |
---|
| 1190 | + | 17 treason or a felony or other crime who has fled from |
---|
| 1191 | + | 18 justice and is found in this State. |
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| 1192 | + | 19 (6) Conduct other investigations as provided by law. |
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| 1193 | + | 20 (7) Be a central repository and custodian of criminal |
---|
| 1194 | + | 21 statistics for the State. |
---|
| 1195 | + | 22 (8) Be a central repository for criminal history |
---|
| 1196 | + | 23 record information. |
---|
| 1197 | + | 24 (9) Procure and file for record information that is |
---|
| 1198 | + | 25 necessary and helpful to plan programs of crime |
---|
| 1199 | + | 26 prevention, law enforcement, and criminal justice. |
---|
| 1200 | + | |
---|
| 1201 | + | |
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| 1202 | + | |
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| 1203 | + | |
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| 1204 | + | |
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| 1205 | + | HB2412 Enrolled - 34 - LRB103 05885 RLC 56341 b |
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| 1206 | + | |
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| 1207 | + | |
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| 1208 | + | HB2412 Enrolled- 35 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 35 - LRB103 05885 RLC 56341 b |
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| 1209 | + | HB2412 Enrolled - 35 - LRB103 05885 RLC 56341 b |
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| 1210 | + | 1 (10) Procure and file for record copies of |
---|
| 1211 | + | 2 fingerprints that may be required by law. |
---|
| 1212 | + | 3 (11) Establish general and field crime laboratories. |
---|
| 1213 | + | 4 (12) Register and file for record information that may |
---|
| 1214 | + | 5 be required by law for the issuance of firearm owner's |
---|
| 1215 | + | 6 identification cards under the Firearm Owners |
---|
| 1216 | + | 7 Identification Card Act and concealed carry licenses under |
---|
| 1217 | + | 8 the Firearm Concealed Carry Act. |
---|
| 1218 | + | 9 (13) Employ laboratory technicians and other specially |
---|
| 1219 | + | 10 qualified persons to aid in the identification of criminal |
---|
| 1220 | + | 11 activity and the identification, collection, and recovery |
---|
| 1221 | + | 12 of cyber forensics, including, but not limited to, digital |
---|
| 1222 | + | 13 evidence, and may employ polygraph operators and forensic |
---|
| 1223 | + | 14 anthropologists. |
---|
| 1224 | + | 15 (14) Undertake other identification, information, |
---|
| 1225 | + | 16 laboratory, statistical, or registration activities that |
---|
| 1226 | + | 17 may be required by law. |
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| 1227 | + | 18 (b) Persons exercising the powers set forth in subsection |
---|
| 1228 | + | 19 (a) within the Illinois State Police are conservators of the |
---|
| 1229 | + | 20 peace and as such have all the powers possessed by policemen in |
---|
| 1230 | + | 21 cities and sheriffs, except that they may exercise those |
---|
| 1231 | + | 22 powers anywhere in the State in cooperation with and after |
---|
| 1232 | + | 23 contact with the local law enforcement officials. Those |
---|
| 1233 | + | 24 persons may use false or fictitious names in the performance |
---|
| 1234 | + | 25 of their duties under this Section, upon approval of the |
---|
| 1235 | + | 26 Director, and shall not be subject to prosecution under the |
---|
| 1236 | + | |
---|
| 1237 | + | |
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| 1238 | + | |
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| 1239 | + | |
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| 1240 | + | |
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| 1241 | + | HB2412 Enrolled - 35 - LRB103 05885 RLC 56341 b |
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| 1242 | + | |
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| 1243 | + | |
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| 1244 | + | HB2412 Enrolled- 36 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 36 - LRB103 05885 RLC 56341 b |
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| 1245 | + | HB2412 Enrolled - 36 - LRB103 05885 RLC 56341 b |
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| 1246 | + | 1 criminal laws for that use. |
---|
| 1247 | + | 2 (Source: P.A. 102-538, eff. 8-20-21.) |
---|
| 1248 | + | 3 (20 ILCS 2605/2605-615) |
---|
| 1249 | + | 4 Sec. 2605-615. Illinois Forensic Science Commission. |
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| 1250 | + | 5 (a) Creation. There is created within the Illinois State |
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| 1251 | + | 6 Police the Illinois Forensic Science Commission. |
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| 1252 | + | 7 (b) Duties and purpose. The Commission shall: |
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| 1253 | + | 8 (1) Provide guidance to ensure the efficient delivery |
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| 1254 | + | 9 of forensic services and the sound practice of forensic |
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| 1255 | + | 10 science. |
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| 1256 | + | 11 (2) Provide a forum for discussions between forensic |
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| 1257 | + | 12 science stakeholders to improve communication and |
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| 1258 | + | 13 coordination and to monitor the important issues impacting |
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| 1259 | + | 14 all stakeholders. |
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| 1260 | + | 15 (3) Take a systems-based approach in reviewing all |
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| 1261 | + | 16 aspects of the delivery of forensic services and the sound |
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| 1262 | + | 17 practice of forensic science with the goal of reducing or |
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| 1263 | + | 18 eliminating the factors and inefficiencies that contribute |
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| 1264 | + | 19 to backlogs and errors, with a focus on education and |
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| 1265 | + | 20 training, funding, hiring, procurement, and other aspects |
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| 1266 | + | 21 identified by the Commission. |
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| 1267 | + | 22 (4) Review significant non-conformities with the sound |
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| 1268 | + | 23 practice of forensic science documented by each publicly |
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| 1269 | + | 24 funded forensic laboratory and offer recommendations for |
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| 1270 | + | 25 the correction thereof. |
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| 1271 | + | |
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| 1272 | + | |
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| 1273 | + | |
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| 1274 | + | |
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| 1275 | + | |
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| 1277 | + | |
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| 1278 | + | |
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| 1280 | + | HB2412 Enrolled - 37 - LRB103 05885 RLC 56341 b |
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| 1281 | + | 1 (5) Subject to appropriation, provide educational, |
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| 1282 | + | 2 research, and professional training opportunities for |
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| 1283 | + | 3 practicing forensic scientists, police officers, judges, |
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| 1284 | + | 4 State's Attorneys and Assistant State's Attorneys, Public |
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| 1285 | + | 5 Defenders, and defense attorneys comporting with the sound |
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| 1286 | + | 6 practice of forensic science. |
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| 1287 | + | 7 (6) Collect and analyze information related to the |
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| 1288 | + | 8 impact of current laws, rules, policies, and practices on |
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| 1289 | + | 9 forensic crime laboratories and the practice of forensic |
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| 1290 | + | 10 science; evaluate the impact of those laws, rules, |
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| 1291 | + | 11 policies, and practices on forensic crime laboratories and |
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| 1292 | + | 12 the practice of forensic science; identify new policies |
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| 1293 | + | 13 and approaches, together with changes in science, and |
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| 1294 | + | 14 technology; and make recommendations for changes to those |
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| 1295 | + | 15 laws, rules, policies, and practices that will yield |
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| 1296 | + | 16 better results in the criminal justice system consistent |
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| 1297 | + | 17 with the sound practice of forensic science. |
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| 1298 | + | 18 (7) Perform such other studies or tasks pertaining to |
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| 1299 | + | 19 forensic crime laboratories as may be requested by the |
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| 1300 | + | 20 General Assembly by resolution or the Governor, and |
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| 1301 | + | 21 perform such other functions as may be required by law or |
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| 1302 | + | 22 as are necessary to carry out the purposes and goals of the |
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| 1303 | + | 23 Commission prescribed in this Section. |
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| 1304 | + | 24 (8) Ensure that adequate resources and facilities are |
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| 1305 | + | 25 available for carrying out the changes proposed in |
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| 1306 | + | 26 legislation, rules, or policies and that rational |
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| 1307 | + | |
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| 1308 | + | |
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| 1309 | + | |
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| 1310 | + | |
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| 1311 | + | |
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| 1313 | + | |
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| 1314 | + | |
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| 1316 | + | HB2412 Enrolled - 38 - LRB103 05885 RLC 56341 b |
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| 1317 | + | 1 priorities are established for the use of those resources. |
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| 1318 | + | 2 To do so, the Commission may prepare statements to the |
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| 1319 | + | 3 Governor and General Assembly identifying the fiscal and |
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| 1320 | + | 4 practical effects of proposed legislation, rules, or |
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| 1321 | + | 5 policy changes. Such statements may include, but are not |
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| 1322 | + | 6 limited to: the impact on present levels of staffing and |
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| 1323 | + | 7 resources; a professional opinion on the practical value |
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| 1324 | + | 8 of the change or changes; the increase or decrease the |
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| 1325 | + | 9 number of crime laboratories; the increase or decrease the |
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| 1326 | + | 10 cost of operating crime laboratories; the impact on |
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| 1327 | + | 11 efficiencies and caseloads; other information, including |
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| 1328 | + | 12 but not limited to, facts, data, research, and science |
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| 1329 | + | 13 relevant to the legislation, rule, or policy; the direct |
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| 1330 | + | 14 or indirect alteration in any process involving or used by |
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| 1331 | + | 15 crime laboratories of such proposed legislation, rules, or |
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| 1332 | + | 16 policy changes; an analysis of the impact, either directly |
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| 1333 | + | 17 or indirectly, on the technology, improvements, or |
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| 1334 | + | 18 practices of forensic analyses for use in criminal |
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| 1335 | + | 19 proceedings; together with the direct or indirect impact |
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| 1336 | + | 20 on headcount, space, equipment, instruments, |
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| 1337 | + | 21 accreditation, the volume of cases for analysis, |
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| 1338 | + | 22 scientific controls, and quality assurance. |
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| 1339 | + | 23 (c) Members. The Commission shall be composed of the |
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| 1340 | + | 24 Director of the Illinois State Police, or his or her designee, |
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| 1341 | + | 25 together with the following members appointed for a term of 4 |
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| 1342 | + | 26 years by the Governor with the advice and consent of the |
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| 1343 | + | |
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| 1344 | + | |
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| 1345 | + | |
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| 1346 | + | |
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| 1347 | + | |
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| 1349 | + | |
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| 1350 | + | |
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| 1352 | + | HB2412 Enrolled - 39 - LRB103 05885 RLC 56341 b |
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| 1353 | + | 1 Senate: |
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| 1354 | + | 2 (1) One crime laboratory director or administrator |
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| 1355 | + | 3 from each publicly funded forensic laboratory system. |
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| 1356 | + | 4 (2) One member with experience in the admission of |
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| 1357 | + | 5 forensic evidence in trials from a statewide association |
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| 1358 | + | 6 representing prosecutors. |
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| 1359 | + | 7 (3) One member with experience in the admission of |
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| 1360 | + | 8 forensic evidence in trials from a statewide association |
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| 1361 | + | 9 representing criminal defense attorneys. |
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| 1362 | + | 10 (4) Three forensic scientists with bench work |
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| 1363 | + | 11 background from various forensic disciplines (e.g., DNA, |
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| 1364 | + | 12 chemistry, pattern evidence, etc.). |
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| 1365 | + | 13 (5) One retired circuit court judge or associate |
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| 1366 | + | 14 circuit court judge with criminal trial experience, |
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| 1367 | + | 15 including experience in the admission of forensic evidence |
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| 1368 | + | 16 in trials. |
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| 1369 | + | 17 (6) One academic specializing in the field of forensic |
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| 1370 | + | 18 sciences. |
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| 1371 | + | 19 (7) One or more community representatives (e.g., |
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| 1372 | + | 20 victim advocates, innocence project organizations, sexual |
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| 1373 | + | 21 assault examiners, etc.). |
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| 1374 | + | 22 (8) One member who is a medical examiner or coroner. |
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| 1375 | + | 23 The Governor shall designate one of the members of the |
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| 1376 | + | 24 Commission to serve as the chair of the Commission. The |
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| 1377 | + | 25 members of the Commission shall elect from their number such |
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| 1378 | + | 26 other officers as they may determine. Members of the |
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| 1379 | + | |
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| 1380 | + | |
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| 1381 | + | |
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| 1382 | + | |
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| 1383 | + | |
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| 1384 | + | HB2412 Enrolled - 39 - LRB103 05885 RLC 56341 b |
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| 1385 | + | |
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| 1386 | + | |
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| 1388 | + | HB2412 Enrolled - 40 - LRB103 05885 RLC 56341 b |
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| 1389 | + | 1 Commission shall serve without compensation, but may be |
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| 1390 | + | 2 reimbursed for reasonable expenses incurred in the performance |
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| 1391 | + | 3 of their duties from funds appropriated for that purpose. |
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| 1392 | + | 4 (d) Subcommittees. The Commission may form subcommittees |
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| 1393 | + | 5 to study specific issues identified under paragraph (3) of |
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| 1394 | + | 6 subsection (b), including, but not limited to, subcommittees |
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| 1395 | + | 7 on education and training, procurement, funding and hiring. Ad |
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| 1396 | + | 8 hoc subcommittees may also be convened to address other |
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| 1397 | + | 9 issues. Such subcommittees shall meet as needed to complete |
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| 1398 | + | 10 their work, and shall report their findings back to the |
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| 1399 | + | 11 Commission. Subcommittees shall include members of the |
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| 1400 | + | 12 Commission, and may also include non-members such as forensic |
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| 1401 | + | 13 science stakeholders and subject matter experts. |
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| 1402 | + | 14 (e) Meetings. The Commission shall meet quarterly, at the |
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| 1403 | + | 15 call of the chairperson. Facilities for meeting, whether |
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| 1404 | + | 16 remotely or in person, shall be provided for the Commission by |
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| 1405 | + | 17 the Illinois State Police. |
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| 1406 | + | 18 (f) Reporting by publicly funded forensic laboratories. |
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| 1407 | + | 19 All State and local publicly funded forensic laboratory |
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| 1408 | + | 20 systems, including, but not limited to, the DuPage County |
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| 1409 | + | 21 Forensic Science Center, the Northeastern Illinois Regional |
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| 1410 | + | 22 Crime Laboratory, and the Illinois State Police, shall |
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| 1411 | + | 23 annually provide to the Commission a report summarizing its |
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| 1412 | + | 24 significant non-conformities with the efficient delivery of |
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| 1413 | + | 25 forensic services and the sound practice of forensic science. |
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| 1414 | + | 26 The report will identify: each significant non-conformity or |
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| 1415 | + | |
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| 1416 | + | |
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| 1417 | + | |
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| 1418 | + | |
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| 1419 | + | |
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| 1420 | + | HB2412 Enrolled - 40 - LRB103 05885 RLC 56341 b |
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| 1421 | + | |
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| 1422 | + | |
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| 1423 | + | HB2412 Enrolled- 41 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 41 - LRB103 05885 RLC 56341 b |
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| 1424 | + | HB2412 Enrolled - 41 - LRB103 05885 RLC 56341 b |
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| 1425 | + | 1 deficient method; how the non-conformity or deficient method |
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| 1426 | + | 2 was detected; the nature and extent of the non-conformity or |
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| 1427 | + | 3 deficient method; all corrective actions implemented to |
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| 1428 | + | 4 address the non-conformity or deficient method; and an |
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| 1429 | + | 5 analysis of the effectiveness of the corrective actions taken. |
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| 1430 | + | 6 (g) Definition. As used in this Section, "Commission" |
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| 1431 | + | 7 means the Illinois Forensic Science Commission. |
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| 1432 | + | 8 (Source: P.A. 102-523, eff. 8-20-21.) |
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| 1433 | + | 9 Section 15. The Illinois State Police Act is amended by |
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| 1434 | + | 10 changing Sections 16 and 20 as follows: |
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| 1435 | + | 11 (20 ILCS 2610/16) (from Ch. 121, par. 307.16) |
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| 1436 | + | 12 Sec. 16. State policemen shall enforce the provisions of |
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| 1437 | + | 13 The Illinois Vehicle Code, approved September 29, 1969, as |
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| 1438 | + | 14 amended, and Article 9 of the "Illinois Highway Code" as |
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| 1439 | + | 15 amended; and shall patrol the public highways and rural |
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| 1440 | + | 16 districts to make arrests for violations of the provisions of |
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| 1441 | + | 17 such Acts. They are conservators of the peace and as such have |
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| 1442 | + | 18 all powers possessed by policemen in cities, and sheriffs, |
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| 1443 | + | 19 except that they may exercise such powers anywhere in this |
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| 1444 | + | 20 State. The State policemen shall cooperate with the police of |
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| 1445 | + | 21 cities, villages and incorporated towns, and with the police |
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| 1446 | + | 22 officers of any county, in enforcing the laws of the State and |
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| 1447 | + | 23 in making arrests and recovering property. They may be |
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| 1448 | + | 24 equipped with standardized and tested devices for weighing |
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| 1449 | + | |
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| 1450 | + | |
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| 1451 | + | |
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| 1452 | + | |
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| 1453 | + | |
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| 1454 | + | HB2412 Enrolled - 41 - LRB103 05885 RLC 56341 b |
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| 1455 | + | |
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| 1456 | + | |
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| 1457 | + | HB2412 Enrolled- 42 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 42 - LRB103 05885 RLC 56341 b |
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| 1458 | + | HB2412 Enrolled - 42 - LRB103 05885 RLC 56341 b |
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| 1459 | + | 1 motor vehicles and may stop and weigh, acting reasonably, or |
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| 1460 | + | 2 cause to be weighed, any motor vehicle which appears to weigh |
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| 1461 | + | 3 in excess of the weight permitted by law. It shall also be the |
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| 1462 | + | 4 duty of the Illinois State Police to determine, whenever |
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| 1463 | + | 5 possible, the person or persons or the causes responsible for |
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| 1464 | + | 6 the breaking or destruction of any improved hard-surfaced |
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| 1465 | + | 7 roadway; to arrest all persons criminally responsible for such |
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| 1466 | + | 8 breaking or destruction and bring them before the proper |
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| 1467 | + | 9 officer for trial. The Illinois State Police shall divide the |
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| 1468 | + | 10 State into zones, troops, or regions Districts and assign each |
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| 1469 | + | 11 zone, troop, or region district to one or more policemen. No |
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| 1470 | + | 12 person employed under this Act, however, shall serve or |
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| 1471 | + | 13 execute civil process, except for process issued under the |
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| 1472 | + | 14 authority of the General Assembly, or a committee or |
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| 1473 | + | 15 commission thereof vested with subpoena powers when the county |
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| 1474 | + | 16 sheriff refuses or fails to serve such process, and except for |
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| 1475 | + | 17 process allowed by statute or issued under the authority of |
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| 1476 | + | 18 the Illinois Department of Revenue. |
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| 1477 | + | 19 (Source: P.A. 102-538, eff. 8-20-21.) |
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| 1478 | + | 20 (20 ILCS 2610/20) (from Ch. 121, par. 307.18a) |
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| 1479 | + | 21 Sec. 20. The Illinois State Police from time to time may |
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| 1480 | + | 22 enter into contracts with The Illinois State Toll Highway |
---|
| 1481 | + | 23 Authority, hereinafter called the Authority, with respect to |
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| 1482 | + | 24 the policing of toll highways by the Illinois State Police. |
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| 1483 | + | 25 Such contracts shall provide among other matters for the |
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| 1484 | + | |
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| 1485 | + | |
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| 1486 | + | |
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| 1487 | + | |
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| 1488 | + | |
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| 1490 | + | |
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| 1491 | + | |
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| 1492 | + | HB2412 Enrolled- 43 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 43 - LRB103 05885 RLC 56341 b |
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| 1493 | + | HB2412 Enrolled - 43 - LRB103 05885 RLC 56341 b |
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| 1494 | + | 1 compensation or reimbursement of the Illinois State Police by |
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| 1495 | + | 2 the Authority for the costs incurred by this State with |
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| 1496 | + | 3 respect to such policing service, including, but not limited |
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| 1497 | + | 4 to, the costs of: (1) compensation and training of the State |
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| 1498 | + | 5 policemen and the clerical employees assigned to such policing |
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| 1499 | + | 6 service; and (2) uniforms, equipment, and supplies, which |
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| 1500 | + | 7 shall be Illinois State Police property, and housing used by |
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| 1501 | + | 8 such personnel; and (3) reimbursement of such sums as the |
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| 1502 | + | 9 State expends in connection with payments of claims for |
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| 1503 | + | 10 injuries or illnesses suffered by such personnel in the line |
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| 1504 | + | 11 of duty. Each such contract may provide for the methods of |
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| 1505 | + | 12 ascertaining such costs, and shall be of such duration and may |
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| 1506 | + | 13 contain such other appropriate terms as the Illinois State |
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| 1507 | + | 14 Police and the Authority may agree upon. The Illinois State |
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| 1508 | + | 15 Police is not obliged to furnish policing service on any |
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| 1509 | + | 16 highway under the jurisdiction of the Authority except as |
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| 1510 | + | 17 required by contract. |
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| 1511 | + | 18 (Source: P.A. 102-538, eff. 8-20-21.) |
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| 1512 | + | 19 Section 20. The Illinois State Police Radio Act is amended |
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| 1513 | + | 20 by changing Section 10 as follows: |
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| 1514 | + | 21 (20 ILCS 2615/10) |
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| 1515 | + | 22 Sec. 10. Public safety radio interoperability. Upon their |
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| 1516 | + | 23 establishment and thereafter, the Director of the Illinois |
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| 1517 | + | 24 State Police, or his or her designee, shall serve as the |
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| 1518 | + | |
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| 1519 | + | |
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| 1520 | + | |
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| 1521 | + | |
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| 1522 | + | |
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| 1524 | + | |
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| 1525 | + | |
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| 1527 | + | HB2412 Enrolled - 44 - LRB103 05885 RLC 56341 b |
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| 1528 | + | 1 chairman of the Illinois Statewide Interoperability Executive |
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| 1529 | + | 2 Committee (SIEC) and as the chairman of the STARCOM21 |
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| 1530 | + | 3 Oversight Committee. The Director or his or her designee, as |
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| 1531 | + | 4 chairman, may increase the size and makeup of the voting |
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| 1532 | + | 5 membership of each committee when deemed necessary for |
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| 1533 | + | 6 improved public safety radio interoperability, but the voting |
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| 1534 | + | 7 membership of each committee must represent public safety |
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| 1535 | + | 8 users (police, fire, or EMS) and must, at a minimum, include |
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| 1536 | + | 9 the representatives specified in this Section. |
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| 1537 | + | 10 The STARCOM21 Oversight Committee must comprise public |
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| 1538 | + | 11 safety users accessing the system and shall include the |
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| 1539 | + | 12 Statewide Interoperability Coordinator. The members of the |
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| 1540 | + | 13 STARCOM21 Oversight Committee shall serve without compensation |
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| 1541 | + | 14 and may, at the call of the Chair, meet in person or remotely. |
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| 1542 | + | 15 The Illinois State Police shall provide administrative and |
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| 1543 | + | 16 other support to the STARCOM21 Oversight Committee. The |
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| 1544 | + | 17 STARCOM21 Oversight Committee shall: |
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| 1545 | + | 18 (1) review existing statutory law and make |
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| 1546 | + | 19 recommendations for legislative changes to ensure |
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| 1547 | + | 20 efficient, effective, reliable, and sustainable radio |
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| 1548 | + | 21 interoperability statewide; |
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| 1549 | + | 22 (2) make recommendations concerning better integration |
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| 1550 | + | 23 of the Integrated Public Alert and Warning System |
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| 1551 | + | 24 statewide; and |
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| 1552 | + | 25 (3) develop a plan to sustainably fund radio |
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| 1553 | + | 26 infrastructure, radio equipment, and interoperability |
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| 1554 | + | |
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| 1555 | + | |
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| 1556 | + | |
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| 1557 | + | |
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| 1558 | + | |
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| 1560 | + | |
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| 1561 | + | |
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| 1563 | + | HB2412 Enrolled - 45 - LRB103 05885 RLC 56341 b |
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| 1564 | + | 1 statewide. |
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| 1565 | + | 2 The SIEC shall have at a minimum one representative from |
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| 1566 | + | 3 each of the following: the Illinois Fire Chiefs Association, |
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| 1567 | + | 4 the Rural Fire Protection Association, the Office of the State |
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| 1568 | + | 5 Fire Marshal, the Illinois Association of Chiefs of Police, |
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| 1569 | + | 6 the Illinois Sheriffs' Association, the Illinois State Police, |
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| 1570 | + | 7 the Illinois Emergency Management Agency, the Department of |
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| 1571 | + | 8 Public Health, and the Secretary of State Police (which |
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| 1572 | + | 9 representative shall be the Director of the Secretary of State |
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| 1573 | + | 10 Police or his or her designee). |
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| 1574 | + | 11 (Source: P.A. 102-538, eff. 8-20-21.) |
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| 1575 | + | 12 Section 25. The State Finance Act is amended by changing |
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| 1576 | + | 13 Sections 6z-82, 6z-127, and 8.3 as follows: |
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| 1577 | + | 14 (30 ILCS 105/6z-82) |
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| 1578 | + | 15 Sec. 6z-82. State Police Operations Assistance Fund. |
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| 1579 | + | 16 (a) There is created in the State treasury a special fund |
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| 1580 | + | 17 known as the State Police Operations Assistance Fund. The Fund |
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| 1581 | + | 18 shall receive revenue under the Criminal and Traffic |
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| 1582 | + | 19 Assessment Act. The Fund may also receive revenue from grants, |
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| 1583 | + | 20 donations, appropriations, and any other legal source. |
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| 1584 | + | 21 (a-5) Notwithstanding any other provision of law to the |
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| 1585 | + | 22 contrary, and in addition to any other transfers that may be |
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| 1586 | + | 23 provided by law, on August 20, 2021 (the effective date of |
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| 1587 | + | 24 Public Act 102-505), or as soon thereafter as practical, the |
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| 1588 | + | |
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| 1589 | + | |
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| 1590 | + | |
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| 1591 | + | |
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| 1592 | + | |
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| 1594 | + | |
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| 1595 | + | |
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| 1597 | + | HB2412 Enrolled - 46 - LRB103 05885 RLC 56341 b |
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| 1598 | + | 1 State Comptroller shall direct and the State Treasurer shall |
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| 1599 | + | 2 transfer the remaining balance from the Over Dimensional Load |
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| 1600 | + | 3 Police Escort Fund into the State Police Operations Assistance |
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| 1601 | + | 4 Fund. Upon completion of the transfer, the Over Dimensional |
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| 1602 | + | 5 Load Police Escort Fund is dissolved, and any future deposits |
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| 1603 | + | 6 due to that Fund and any outstanding obligations or |
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| 1604 | + | 7 liabilities of that Fund shall pass to the State Police |
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| 1605 | + | 8 Operations Assistance Fund. |
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| 1606 | + | 9 This Fund may charge, collect, and receive fees or moneys |
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| 1607 | + | 10 as described in Section 15-312 of the Illinois Vehicle Code, |
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| 1608 | + | 11 and receive all fees received by the Illinois State Police |
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| 1609 | + | 12 under that Section. The moneys shall be used by the Illinois |
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| 1610 | + | 13 State Police for its expenses in providing police escorts and |
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| 1611 | + | 14 commercial vehicle enforcement activities. |
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| 1612 | + | 15 (b) The Illinois State Police may use moneys in the Fund to |
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| 1613 | + | 16 finance any of its lawful purposes or functions. |
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| 1614 | + | 17 (c) Expenditures may be made from the Fund only as |
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| 1615 | + | 18 appropriated by the General Assembly by law. |
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| 1616 | + | 19 (d) Investment income that is attributable to the |
---|
| 1617 | + | 20 investment of moneys in the Fund shall be retained in the Fund |
---|
| 1618 | + | 21 for the uses specified in this Section. |
---|
| 1619 | + | 22 (e) The State Police Operations Assistance Fund shall not |
---|
| 1620 | + | 23 be subject to administrative chargebacks. |
---|
| 1621 | + | 24 (f) (Blank). |
---|
| 1622 | + | 25 (g) Notwithstanding any other provision of State law to |
---|
| 1623 | + | 26 the contrary, on or after July 1, 2021, in addition to any |
---|
| 1624 | + | |
---|
| 1625 | + | |
---|
| 1626 | + | |
---|
| 1627 | + | |
---|
| 1628 | + | |
---|
| 1629 | + | HB2412 Enrolled - 46 - LRB103 05885 RLC 56341 b |
---|
| 1630 | + | |
---|
| 1631 | + | |
---|
| 1632 | + | HB2412 Enrolled- 47 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 47 - LRB103 05885 RLC 56341 b |
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| 1633 | + | HB2412 Enrolled - 47 - LRB103 05885 RLC 56341 b |
---|
| 1634 | + | 1 other transfers that may be provided for by law, at the |
---|
| 1635 | + | 2 direction of and upon notification from the Director of the |
---|
| 1636 | + | 3 Illinois State Police, the State Comptroller shall direct and |
---|
| 1637 | + | 4 the State Treasurer shall transfer amounts not exceeding |
---|
| 1638 | + | 5 $7,000,000 into the State Police Operations Assistance Fund |
---|
| 1639 | + | 6 from the State Police Services Fund. |
---|
| 1640 | + | 7 (h) Notwithstanding any other provision of law, in |
---|
| 1641 | + | 8 addition to any other transfers that may be provided by law, on |
---|
| 1642 | + | 9 the effective date of this amendatory Act of the 103rd General |
---|
| 1643 | + | 10 Assembly, or as soon thereafter as practical, the State |
---|
| 1644 | + | 11 Comptroller shall direct and the State Treasurer shall |
---|
| 1645 | + | 12 transfer the remaining balance from the State Police |
---|
| 1646 | + | 13 Streetgang-Related Crime Fund to the State Police Operations |
---|
| 1647 | + | 14 Assistance Fund. Upon completion of the transfers, the State |
---|
| 1648 | + | 15 Police Streetgang-Related Crime Fund is dissolved, and any |
---|
| 1649 | + | 16 future deposits into the State Police Streetgang-Related Crime |
---|
| 1650 | + | 17 Fund and any outstanding obligations or liabilities of the |
---|
| 1651 | + | 18 State Police Streetgang-Related Crime Fund pass to the State |
---|
| 1652 | + | 19 Police Operations Assistance Fund. |
---|
| 1653 | + | 20 (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21; |
---|
| 1654 | + | 21 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
---|
| 1655 | + | 22 (30 ILCS 105/6z-127) |
---|
| 1656 | + | 23 Sec. 6z-127. State Police Revocation Enforcement Fund. |
---|
| 1657 | + | 24 (a) The State Police Revocation Enforcement Fund is |
---|
| 1658 | + | 25 established as a special fund in the State treasury. This Fund |
---|
| 1659 | + | |
---|
| 1660 | + | |
---|
| 1661 | + | |
---|
| 1662 | + | |
---|
| 1663 | + | |
---|
| 1664 | + | HB2412 Enrolled - 47 - LRB103 05885 RLC 56341 b |
---|
| 1665 | + | |
---|
| 1666 | + | |
---|
| 1667 | + | HB2412 Enrolled- 48 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 48 - LRB103 05885 RLC 56341 b |
---|
| 1668 | + | HB2412 Enrolled - 48 - LRB103 05885 RLC 56341 b |
---|
| 1669 | + | 1 is established to receive moneys from the Firearm Owners |
---|
| 1670 | + | 2 Identification Card Act to enforce that Act, the Firearm |
---|
| 1671 | + | 3 Concealed Carry Act, Article 24 of the Criminal Code of 2012, |
---|
| 1672 | + | 4 and other firearm offenses. The Fund may also receive revenue |
---|
| 1673 | + | 5 from grants, donations, appropriations, and any other legal |
---|
| 1674 | + | 6 source. |
---|
| 1675 | + | 7 (b) The Illinois State Police may use moneys from the Fund |
---|
| 1676 | + | 8 to establish task forces and, if necessary, include other law |
---|
| 1677 | + | 9 enforcement agencies, under intergovernmental contracts |
---|
| 1678 | + | 10 written and executed in conformity with the Intergovernmental |
---|
| 1679 | + | 11 Cooperation Act. |
---|
| 1680 | + | 12 (c) The Illinois State Police may use moneys in the Fund to |
---|
| 1681 | + | 13 hire and train State Police officers and for the prevention of |
---|
| 1682 | + | 14 violent crime. |
---|
| 1683 | + | 15 (d) The State Police Revocation Enforcement Fund is not |
---|
| 1684 | + | 16 subject to administrative chargebacks. |
---|
| 1685 | + | 17 (e) Law enforcement agencies that participate in Firearm |
---|
| 1686 | + | 18 Owner's Identification Card revocation enforcement in the |
---|
| 1687 | + | 19 Violent Crime Intelligence Task Force may apply for grants |
---|
| 1688 | + | 20 from the Illinois State Police. |
---|
| 1689 | + | 21 (f) Any surplus in the Fund beyond what is necessary to |
---|
| 1690 | + | 22 ensure compliance with subsections (a) through (e) or moneys |
---|
| 1691 | + | 23 that are specifically appropriated for those purposes shall be |
---|
| 1692 | + | 24 used by the Illinois State Police to award grants to assist |
---|
| 1693 | + | 25 with the data reporting requirements of the Gun Trafficking |
---|
| 1694 | + | 26 Information Act. |
---|
| 1695 | + | |
---|
| 1696 | + | |
---|
| 1697 | + | |
---|
| 1698 | + | |
---|
| 1699 | + | |
---|
| 1700 | + | HB2412 Enrolled - 48 - LRB103 05885 RLC 56341 b |
---|
| 1701 | + | |
---|
| 1702 | + | |
---|
| 1703 | + | HB2412 Enrolled- 49 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 49 - LRB103 05885 RLC 56341 b |
---|
| 1704 | + | HB2412 Enrolled - 49 - LRB103 05885 RLC 56341 b |
---|
| 1705 | + | 1 (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.) |
---|
| 1706 | + | 2 (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
---|
| 1707 | + | 3 Sec. 8.3. Money in the Road Fund shall, if and when the |
---|
| 1708 | + | 4 State of Illinois incurs any bonded indebtedness for the |
---|
| 1709 | + | 5 construction of permanent highways, be set aside and used for |
---|
| 1710 | + | 6 the purpose of paying and discharging annually the principal |
---|
| 1711 | + | 7 and interest on that bonded indebtedness then due and payable, |
---|
| 1712 | + | 8 and for no other purpose. The surplus, if any, in the Road Fund |
---|
| 1713 | + | 9 after the payment of principal and interest on that bonded |
---|
| 1714 | + | 10 indebtedness then annually due shall be used as follows: |
---|
| 1715 | + | 11 first -- to pay the cost of administration of Chapters |
---|
| 1716 | + | 12 2 through 10 of the Illinois Vehicle Code, except the cost |
---|
| 1717 | + | 13 of administration of Articles I and II of Chapter 3 of that |
---|
| 1718 | + | 14 Code, and to pay the costs of the Executive Ethics |
---|
| 1719 | + | 15 Commission for oversight and administration of the Chief |
---|
| 1720 | + | 16 Procurement Officer appointed under paragraph (2) of |
---|
| 1721 | + | 17 subsection (a) of Section 10-20 of the Illinois |
---|
| 1722 | + | 18 Procurement Code for transportation; and |
---|
| 1723 | + | 19 secondly -- for expenses of the Department of |
---|
| 1724 | + | 20 Transportation for construction, reconstruction, |
---|
| 1725 | + | 21 improvement, repair, maintenance, operation, and |
---|
| 1726 | + | 22 administration of highways in accordance with the |
---|
| 1727 | + | 23 provisions of laws relating thereto, or for any purpose |
---|
| 1728 | + | 24 related or incident to and connected therewith, including |
---|
| 1729 | + | 25 the separation of grades of those highways with railroads |
---|
| 1730 | + | |
---|
| 1731 | + | |
---|
| 1732 | + | |
---|
| 1733 | + | |
---|
| 1734 | + | |
---|
| 1735 | + | HB2412 Enrolled - 49 - LRB103 05885 RLC 56341 b |
---|
| 1736 | + | |
---|
| 1737 | + | |
---|
| 1738 | + | HB2412 Enrolled- 50 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 50 - LRB103 05885 RLC 56341 b |
---|
| 1739 | + | HB2412 Enrolled - 50 - LRB103 05885 RLC 56341 b |
---|
| 1740 | + | 1 and with highways and including the payment of awards made |
---|
| 1741 | + | 2 by the Illinois Workers' Compensation Commission under the |
---|
| 1742 | + | 3 terms of the Workers' Compensation Act or Workers' |
---|
| 1743 | + | 4 Occupational Diseases Act for injury or death of an |
---|
| 1744 | + | 5 employee of the Division of Highways in the Department of |
---|
| 1745 | + | 6 Transportation; or for the acquisition of land and the |
---|
| 1746 | + | 7 erection of buildings for highway purposes, including the |
---|
| 1747 | + | 8 acquisition of highway right-of-way or for investigations |
---|
| 1748 | + | 9 to determine the reasonably anticipated future highway |
---|
| 1749 | + | 10 needs; or for making of surveys, plans, specifications and |
---|
| 1750 | + | 11 estimates for and in the construction and maintenance of |
---|
| 1751 | + | 12 flight strips and of highways necessary to provide access |
---|
| 1752 | + | 13 to military and naval reservations, to defense industries |
---|
| 1753 | + | 14 and defense-industry sites, and to the sources of raw |
---|
| 1754 | + | 15 materials and for replacing existing highways and highway |
---|
| 1755 | + | 16 connections shut off from general public use at military |
---|
| 1756 | + | 17 and naval reservations and defense-industry sites, or for |
---|
| 1757 | + | 18 the purchase of right-of-way, except that the State shall |
---|
| 1758 | + | 19 be reimbursed in full for any expense incurred in building |
---|
| 1759 | + | 20 the flight strips; or for the operating and maintaining of |
---|
| 1760 | + | 21 highway garages; or for patrolling and policing the public |
---|
| 1761 | + | 22 highways and conserving the peace; or for the operating |
---|
| 1762 | + | 23 expenses of the Department relating to the administration |
---|
| 1763 | + | 24 of public transportation programs; or, during fiscal year |
---|
| 1764 | + | 25 2022, for the purposes of a grant not to exceed $8,394,800 |
---|
| 1765 | + | 26 to the Regional Transportation Authority on behalf of PACE |
---|
| 1766 | + | |
---|
| 1767 | + | |
---|
| 1768 | + | |
---|
| 1769 | + | |
---|
| 1770 | + | |
---|
| 1771 | + | HB2412 Enrolled - 50 - LRB103 05885 RLC 56341 b |
---|
| 1772 | + | |
---|
| 1773 | + | |
---|
| 1774 | + | HB2412 Enrolled- 51 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 51 - LRB103 05885 RLC 56341 b |
---|
| 1775 | + | HB2412 Enrolled - 51 - LRB103 05885 RLC 56341 b |
---|
| 1776 | + | 1 for the purpose of ADA/Para-transit expenses; or, during |
---|
| 1777 | + | 2 fiscal year 2023, for the purposes of a grant not to exceed |
---|
| 1778 | + | 3 $8,394,800 to the Regional Transportation Authority on |
---|
| 1779 | + | 4 behalf of PACE for the purpose of ADA/Para-transit |
---|
| 1780 | + | 5 expenses; or for any of those purposes or any other |
---|
| 1781 | + | 6 purpose that may be provided by law. |
---|
| 1782 | + | 7 Appropriations for any of those purposes are payable from |
---|
| 1783 | + | 8 the Road Fund. Appropriations may also be made from the Road |
---|
| 1784 | + | 9 Fund for the administrative expenses of any State agency that |
---|
| 1785 | + | 10 are related to motor vehicles or arise from the use of motor |
---|
| 1786 | + | 11 vehicles. |
---|
| 1787 | + | 12 Beginning with fiscal year 1980 and thereafter, no Road |
---|
| 1788 | + | 13 Fund monies shall be appropriated to the following Departments |
---|
| 1789 | + | 14 or agencies of State government for administration, grants, or |
---|
| 1790 | + | 15 operations; but this limitation is not a restriction upon |
---|
| 1791 | + | 16 appropriating for those purposes any Road Fund monies that are |
---|
| 1792 | + | 17 eligible for federal reimbursement: |
---|
| 1793 | + | 18 1. Department of Public Health; |
---|
| 1794 | + | 19 2. Department of Transportation, only with respect to |
---|
| 1795 | + | 20 subsidies for one-half fare Student Transportation and |
---|
| 1796 | + | 21 Reduced Fare for Elderly, except fiscal year 2022 when no |
---|
| 1797 | + | 22 more than $17,570,000 may be expended and except fiscal |
---|
| 1798 | + | 23 year 2023 when no more than $17,570,000 may be expended; |
---|
| 1799 | + | 24 3. Department of Central Management Services, except |
---|
| 1800 | + | 25 for expenditures incurred for group insurance premiums of |
---|
| 1801 | + | 26 appropriate personnel; |
---|
| 1802 | + | |
---|
| 1803 | + | |
---|
| 1804 | + | |
---|
| 1805 | + | |
---|
| 1806 | + | |
---|
| 1807 | + | HB2412 Enrolled - 51 - LRB103 05885 RLC 56341 b |
---|
| 1808 | + | |
---|
| 1809 | + | |
---|
| 1810 | + | HB2412 Enrolled- 52 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 52 - LRB103 05885 RLC 56341 b |
---|
| 1811 | + | HB2412 Enrolled - 52 - LRB103 05885 RLC 56341 b |
---|
| 1812 | + | 1 4. Judicial Systems and Agencies. |
---|
| 1813 | + | 2 Beginning with fiscal year 1981 and thereafter, no Road |
---|
| 1814 | + | 3 Fund monies shall be appropriated to the following Departments |
---|
| 1815 | + | 4 or agencies of State government for administration, grants, or |
---|
| 1816 | + | 5 operations; but this limitation is not a restriction upon |
---|
| 1817 | + | 6 appropriating for those purposes any Road Fund monies that are |
---|
| 1818 | + | 7 eligible for federal reimbursement: |
---|
| 1819 | + | 8 1. Illinois State Police, except for expenditures with |
---|
| 1820 | + | 9 respect to the Division of Patrol Operations and Division |
---|
| 1821 | + | 10 of Criminal Investigation; |
---|
| 1822 | + | 11 2. Department of Transportation, only with respect to |
---|
| 1823 | + | 12 Intercity Rail Subsidies, except fiscal year 2022 when no |
---|
| 1824 | + | 13 more than $50,000,000 may be expended and except fiscal |
---|
| 1825 | + | 14 year 2023 when no more than $55,000,000 may be expended, |
---|
| 1826 | + | 15 and Rail Freight Services. |
---|
| 1827 | + | 16 Beginning with fiscal year 1982 and thereafter, no Road |
---|
| 1828 | + | 17 Fund monies shall be appropriated to the following Departments |
---|
| 1829 | + | 18 or agencies of State government for administration, grants, or |
---|
| 1830 | + | 19 operations; but this limitation is not a restriction upon |
---|
| 1831 | + | 20 appropriating for those purposes any Road Fund monies that are |
---|
| 1832 | + | 21 eligible for federal reimbursement: Department of Central |
---|
| 1833 | + | 22 Management Services, except for awards made by the Illinois |
---|
| 1834 | + | 23 Workers' Compensation Commission under the terms of the |
---|
| 1835 | + | 24 Workers' Compensation Act or Workers' Occupational Diseases |
---|
| 1836 | + | 25 Act for injury or death of an employee of the Division of |
---|
| 1837 | + | 26 Highways in the Department of Transportation. |
---|
| 1838 | + | |
---|
| 1839 | + | |
---|
| 1840 | + | |
---|
| 1841 | + | |
---|
| 1842 | + | |
---|
| 1843 | + | HB2412 Enrolled - 52 - LRB103 05885 RLC 56341 b |
---|
| 1844 | + | |
---|
| 1845 | + | |
---|
| 1846 | + | HB2412 Enrolled- 53 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 53 - LRB103 05885 RLC 56341 b |
---|
| 1847 | + | HB2412 Enrolled - 53 - LRB103 05885 RLC 56341 b |
---|
| 1848 | + | 1 Beginning with fiscal year 1984 and thereafter, no Road |
---|
| 1849 | + | 2 Fund monies shall be appropriated to the following Departments |
---|
| 1850 | + | 3 or agencies of State government for administration, grants, or |
---|
| 1851 | + | 4 operations; but this limitation is not a restriction upon |
---|
| 1852 | + | 5 appropriating for those purposes any Road Fund monies that are |
---|
| 1853 | + | 6 eligible for federal reimbursement: |
---|
| 1854 | + | 7 1. Illinois State Police, except not more than 40% of |
---|
| 1855 | + | 8 the funds appropriated for the Division of Patrol |
---|
| 1856 | + | 9 Operations and Division of Criminal Investigation; |
---|
| 1857 | + | 10 2. State Officers. |
---|
| 1858 | + | 11 Beginning with fiscal year 1984 and thereafter, no Road |
---|
| 1859 | + | 12 Fund monies shall be appropriated to any Department or agency |
---|
| 1860 | + | 13 of State government for administration, grants, or operations |
---|
| 1861 | + | 14 except as provided hereafter; but this limitation is not a |
---|
| 1862 | + | 15 restriction upon appropriating for those purposes any Road |
---|
| 1863 | + | 16 Fund monies that are eligible for federal reimbursement. It |
---|
| 1864 | + | 17 shall not be lawful to circumvent the above appropriation |
---|
| 1865 | + | 18 limitations by governmental reorganization or other methods. |
---|
| 1866 | + | 19 Appropriations shall be made from the Road Fund only in |
---|
| 1867 | + | 20 accordance with the provisions of this Section. |
---|
| 1868 | + | 21 Money in the Road Fund shall, if and when the State of |
---|
| 1869 | + | 22 Illinois incurs any bonded indebtedness for the construction |
---|
| 1870 | + | 23 of permanent highways, be set aside and used for the purpose of |
---|
| 1871 | + | 24 paying and discharging during each fiscal year the principal |
---|
| 1872 | + | 25 and interest on that bonded indebtedness as it becomes due and |
---|
| 1873 | + | 26 payable as provided in the Transportation Bond Act, and for no |
---|
| 1874 | + | |
---|
| 1875 | + | |
---|
| 1876 | + | |
---|
| 1877 | + | |
---|
| 1878 | + | |
---|
| 1879 | + | HB2412 Enrolled - 53 - LRB103 05885 RLC 56341 b |
---|
| 1880 | + | |
---|
| 1881 | + | |
---|
| 1882 | + | HB2412 Enrolled- 54 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 54 - LRB103 05885 RLC 56341 b |
---|
| 1883 | + | HB2412 Enrolled - 54 - LRB103 05885 RLC 56341 b |
---|
| 1884 | + | 1 other purpose. The surplus, if any, in the Road Fund after the |
---|
| 1885 | + | 2 payment of principal and interest on that bonded indebtedness |
---|
| 1886 | + | 3 then annually due shall be used as follows: |
---|
| 1887 | + | 4 first -- to pay the cost of administration of Chapters |
---|
| 1888 | + | 5 2 through 10 of the Illinois Vehicle Code; and |
---|
| 1889 | + | 6 secondly -- no Road Fund monies derived from fees, |
---|
| 1890 | + | 7 excises, or license taxes relating to registration, |
---|
| 1891 | + | 8 operation and use of vehicles on public highways or to |
---|
| 1892 | + | 9 fuels used for the propulsion of those vehicles, shall be |
---|
| 1893 | + | 10 appropriated or expended other than for costs of |
---|
| 1894 | + | 11 administering the laws imposing those fees, excises, and |
---|
| 1895 | + | 12 license taxes, statutory refunds and adjustments allowed |
---|
| 1896 | + | 13 thereunder, administrative costs of the Department of |
---|
| 1897 | + | 14 Transportation, including, but not limited to, the |
---|
| 1898 | + | 15 operating expenses of the Department relating to the |
---|
| 1899 | + | 16 administration of public transportation programs, payment |
---|
| 1900 | + | 17 of debts and liabilities incurred in construction and |
---|
| 1901 | + | 18 reconstruction of public highways and bridges, acquisition |
---|
| 1902 | + | 19 of rights-of-way for and the cost of construction, |
---|
| 1903 | + | 20 reconstruction, maintenance, repair, and operation of |
---|
| 1904 | + | 21 public highways and bridges under the direction and |
---|
| 1905 | + | 22 supervision of the State, political subdivision, or |
---|
| 1906 | + | 23 municipality collecting those monies, or during fiscal |
---|
| 1907 | + | 24 year 2022 for the purposes of a grant not to exceed |
---|
| 1908 | + | 25 $8,394,800 to the Regional Transportation Authority on |
---|
| 1909 | + | 26 behalf of PACE for the purpose of ADA/Para-transit |
---|
| 1910 | + | |
---|
| 1911 | + | |
---|
| 1912 | + | |
---|
| 1913 | + | |
---|
| 1914 | + | |
---|
| 1915 | + | HB2412 Enrolled - 54 - LRB103 05885 RLC 56341 b |
---|
| 1916 | + | |
---|
| 1917 | + | |
---|
| 1918 | + | HB2412 Enrolled- 55 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 55 - LRB103 05885 RLC 56341 b |
---|
| 1919 | + | HB2412 Enrolled - 55 - LRB103 05885 RLC 56341 b |
---|
| 1920 | + | 1 expenses, or during fiscal year 2023 for the purposes of a |
---|
| 1921 | + | 2 grant not to exceed $8,394,800 to the Regional |
---|
| 1922 | + | 3 Transportation Authority on behalf of PACE for the purpose |
---|
| 1923 | + | 4 of ADA/Para-transit expenses, and the costs for patrolling |
---|
| 1924 | + | 5 and policing the public highways (by the State, political |
---|
| 1925 | + | 6 subdivision, or municipality collecting that money) for |
---|
| 1926 | + | 7 enforcement of traffic laws. The separation of grades of |
---|
| 1927 | + | 8 such highways with railroads and costs associated with |
---|
| 1928 | + | 9 protection of at-grade highway and railroad crossing shall |
---|
| 1929 | + | 10 also be permissible. |
---|
| 1930 | + | 11 Appropriations for any of such purposes are payable from |
---|
| 1931 | + | 12 the Road Fund or the Grade Crossing Protection Fund as |
---|
| 1932 | + | 13 provided in Section 8 of the Motor Fuel Tax Law. |
---|
| 1933 | + | 14 Except as provided in this paragraph, beginning with |
---|
| 1934 | + | 15 fiscal year 1991 and thereafter, no Road Fund monies shall be |
---|
| 1935 | + | 16 appropriated to the Illinois State Police for the purposes of |
---|
| 1936 | + | 17 this Section in excess of its total fiscal year 1990 Road Fund |
---|
| 1937 | + | 18 appropriations for those purposes unless otherwise provided in |
---|
| 1938 | + | 19 Section 5g of this Act. For fiscal years 2003, 2004, 2005, |
---|
| 1939 | + | 20 2006, and 2007 only, no Road Fund monies shall be appropriated |
---|
| 1940 | + | 21 to the Department of State Police for the purposes of this |
---|
| 1941 | + | 22 Section in excess of $97,310,000. For fiscal year 2008 only, |
---|
| 1942 | + | 23 no Road Fund monies shall be appropriated to the Department of |
---|
| 1943 | + | 24 State Police for the purposes of this Section in excess of |
---|
| 1944 | + | 25 $106,100,000. For fiscal year 2009 only, no Road Fund monies |
---|
| 1945 | + | 26 shall be appropriated to the Department of State Police for |
---|
| 1946 | + | |
---|
| 1947 | + | |
---|
| 1948 | + | |
---|
| 1949 | + | |
---|
| 1950 | + | |
---|
| 1951 | + | HB2412 Enrolled - 55 - LRB103 05885 RLC 56341 b |
---|
| 1952 | + | |
---|
| 1953 | + | |
---|
| 1954 | + | HB2412 Enrolled- 56 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 56 - LRB103 05885 RLC 56341 b |
---|
| 1955 | + | HB2412 Enrolled - 56 - LRB103 05885 RLC 56341 b |
---|
| 1956 | + | 1 the purposes of this Section in excess of $114,700,000. |
---|
| 1957 | + | 2 Beginning in fiscal year 2010, no road fund moneys shall be |
---|
| 1958 | + | 3 appropriated to the Illinois State Police. It shall not be |
---|
| 1959 | + | 4 lawful to circumvent this limitation on appropriations by |
---|
| 1960 | + | 5 governmental reorganization or other methods unless otherwise |
---|
| 1961 | + | 6 provided in Section 5g of this Act. |
---|
| 1962 | + | 7 In fiscal year 1994, no Road Fund monies shall be |
---|
| 1963 | + | 8 appropriated to the Secretary of State for the purposes of |
---|
| 1964 | + | 9 this Section in excess of the total fiscal year 1991 Road Fund |
---|
| 1965 | + | 10 appropriations to the Secretary of State for those purposes, |
---|
| 1966 | + | 11 plus $9,800,000. It shall not be lawful to circumvent this |
---|
| 1967 | + | 12 limitation on appropriations by governmental reorganization or |
---|
| 1968 | + | 13 other method. |
---|
| 1969 | + | 14 Beginning with fiscal year 1995 and thereafter, no Road |
---|
| 1970 | + | 15 Fund monies shall be appropriated to the Secretary of State |
---|
| 1971 | + | 16 for the purposes of this Section in excess of the total fiscal |
---|
| 1972 | + | 17 year 1994 Road Fund appropriations to the Secretary of State |
---|
| 1973 | + | 18 for those purposes. It shall not be lawful to circumvent this |
---|
| 1974 | + | 19 limitation on appropriations by governmental reorganization or |
---|
| 1975 | + | 20 other methods. |
---|
| 1976 | + | 21 Beginning with fiscal year 2000, total Road Fund |
---|
| 1977 | + | 22 appropriations to the Secretary of State for the purposes of |
---|
| 1978 | + | 23 this Section shall not exceed the amounts specified for the |
---|
| 1979 | + | 24 following fiscal years: |
---|
| 1980 | + | 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; |
---|
| 1981 | + | 25 Fiscal Year 2000 $80,500,000; |
---|
| 1982 | + | 26 Fiscal Year 2001 $80,500,000; |
---|
| 1983 | + | |
---|
| 1984 | + | |
---|
| 1985 | + | |
---|
| 1986 | + | |
---|
| 1987 | + | |
---|
| 1988 | + | HB2412 Enrolled - 56 - LRB103 05885 RLC 56341 b |
---|
| 1989 | + | |
---|
| 1990 | + | |
---|
| 1991 | + | 25 Fiscal Year 2000 $80,500,000; |
---|
| 1992 | + | 26 Fiscal Year 2001 $80,500,000; |
---|
| 1993 | + | |
---|
| 1994 | + | |
---|
| 1995 | + | HB2412 Enrolled- 57 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 57 - LRB103 05885 RLC 56341 b |
---|
| 1996 | + | HB2412 Enrolled - 57 - LRB103 05885 RLC 56341 b |
---|
| 1997 | + | 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. |
---|
| 1998 | + | 1 Fiscal Year 2002 $80,500,000; |
---|
| 1999 | + | 2 Fiscal Year 2003 $130,500,000; |
---|
| 2000 | + | 3 Fiscal Year 2004 $130,500,000; |
---|
| 2001 | + | 4 Fiscal Year 2005 $130,500,000; |
---|
| 2002 | + | 5 Fiscal Year 2006 $130,500,000; |
---|
| 2003 | + | 6 Fiscal Year 2007 $130,500,000; |
---|
| 2004 | + | 7 Fiscal Year 2008 $130,500,000; |
---|
| 2005 | + | 8 Fiscal Year 2009 $130,500,000. |
---|
| 2006 | + | 9 For fiscal year 2010, no road fund moneys shall be |
---|
| 2007 | + | 10 appropriated to the Secretary of State. |
---|
| 2008 | + | 11 Beginning in fiscal year 2011, moneys in the Road Fund |
---|
| 2009 | + | 12 shall be appropriated to the Secretary of State for the |
---|
| 2010 | + | 13 exclusive purpose of paying refunds due to overpayment of fees |
---|
| 2011 | + | 14 related to Chapter 3 of the Illinois Vehicle Code unless |
---|
| 2012 | + | 15 otherwise provided for by law. |
---|
| 2013 | + | 16 It shall not be lawful to circumvent this limitation on |
---|
| 2014 | + | 17 appropriations by governmental reorganization or other |
---|
| 2015 | + | 18 methods. |
---|
| 2016 | + | 19 No new program may be initiated in fiscal year 1991 and |
---|
| 2017 | + | 20 thereafter that is not consistent with the limitations imposed |
---|
| 2018 | + | 21 by this Section for fiscal year 1984 and thereafter, insofar |
---|
| 2019 | + | 22 as appropriation of Road Fund monies is concerned. |
---|
| 2020 | + | 23 Nothing in this Section prohibits transfers from the Road |
---|
| 2021 | + | 24 Fund to the State Construction Account Fund under Section 5e |
---|
| 2022 | + | 25 of this Act; nor to the General Revenue Fund, as authorized by |
---|
| 2023 | + | 26 Public Act 93-25. |
---|
| 2024 | + | |
---|
| 2025 | + | |
---|
| 2026 | + | |
---|
| 2027 | + | |
---|
| 2028 | + | |
---|
| 2029 | + | HB2412 Enrolled - 57 - LRB103 05885 RLC 56341 b |
---|
| 2030 | + | |
---|
| 2031 | + | 1 Fiscal Year 2002 $80,500,000; |
---|
| 2032 | + | 2 Fiscal Year 2003 $130,500,000; |
---|
| 2033 | + | 3 Fiscal Year 2004 $130,500,000; |
---|
| 2034 | + | 4 Fiscal Year 2005 $130,500,000; |
---|
| 2035 | + | 5 Fiscal Year 2006 $130,500,000; |
---|
| 2036 | + | 6 Fiscal Year 2007 $130,500,000; |
---|
| 2037 | + | 7 Fiscal Year 2008 $130,500,000; |
---|
| 2038 | + | 8 Fiscal Year 2009 $130,500,000. |
---|
| 2039 | + | |
---|
| 2040 | + | |
---|
| 2041 | + | HB2412 Enrolled- 58 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 58 - LRB103 05885 RLC 56341 b |
---|
| 2042 | + | HB2412 Enrolled - 58 - LRB103 05885 RLC 56341 b |
---|
| 2043 | + | 1 The additional amounts authorized for expenditure in this |
---|
| 2044 | + | 2 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91 |
---|
| 2045 | + | 3 shall be repaid to the Road Fund from the General Revenue Fund |
---|
| 2046 | + | 4 in the next succeeding fiscal year that the General Revenue |
---|
| 2047 | + | 5 Fund has a positive budgetary balance, as determined by |
---|
| 2048 | + | 6 generally accepted accounting principles applicable to |
---|
| 2049 | + | 7 government. |
---|
| 2050 | + | 8 The additional amounts authorized for expenditure by the |
---|
| 2051 | + | 9 Secretary of State and the Department of State Police in this |
---|
| 2052 | + | 10 Section by Public Act 94-91 shall be repaid to the Road Fund |
---|
| 2053 | + | 11 from the General Revenue Fund in the next succeeding fiscal |
---|
| 2054 | + | 12 year that the General Revenue Fund has a positive budgetary |
---|
| 2055 | + | 13 balance, as determined by generally accepted accounting |
---|
| 2056 | + | 14 principles applicable to government. |
---|
| 2057 | + | 15 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
---|
| 2058 | + | 16 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. |
---|
| 2059 | + | 17 4-19-22; 102-813, eff. 5-13-22.) |
---|
| 2060 | + | 18 (30 ILCS 105/5.783 rep.) |
---|
| 2061 | + | 19 (30 ILCS 105/8p rep.) |
---|
| 2062 | + | 20 Section 30. The State Finance Act is amended by repealing |
---|
| 2063 | + | 21 Sections 5.783 and 8p. |
---|
| 2064 | + | 22 Section 31. The Intergovernmental Drug Laws Enforcement |
---|
| 2065 | + | 23 Act is amended by changing Section 3 as follows: |
---|
| 2066 | + | |
---|
| 2067 | + | |
---|
| 2068 | + | |
---|
| 2069 | + | |
---|
| 2070 | + | |
---|
| 2071 | + | HB2412 Enrolled - 58 - LRB103 05885 RLC 56341 b |
---|
| 2072 | + | |
---|
| 2073 | + | |
---|
| 2074 | + | HB2412 Enrolled- 59 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 59 - LRB103 05885 RLC 56341 b |
---|
| 2075 | + | HB2412 Enrolled - 59 - LRB103 05885 RLC 56341 b |
---|
| 2076 | + | 1 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703) |
---|
| 2077 | + | 2 Sec. 3. A Metropolitan Enforcement Group which meets the |
---|
| 2078 | + | 3 minimum criteria established in this Section is eligible to |
---|
| 2079 | + | 4 receive State grants to help defray the costs of operation. To |
---|
| 2080 | + | 5 be eligible a MEG must: |
---|
| 2081 | + | 6 (1) Be established and operating pursuant to |
---|
| 2082 | + | 7 intergovernmental contracts written and executed in |
---|
| 2083 | + | 8 conformity with the Intergovernmental Cooperation Act, and |
---|
| 2084 | + | 9 involve 2 or more units of local government. |
---|
| 2085 | + | 10 (2) Establish a MEG Policy Board composed of an |
---|
| 2086 | + | 11 elected official, or his designee, and the chief law |
---|
| 2087 | + | 12 enforcement officer, or his designee, from each |
---|
| 2088 | + | 13 participating unit of local government to oversee the |
---|
| 2089 | + | 14 operations of the MEG and make such reports to the |
---|
| 2090 | + | 15 Illinois State Police as the Illinois State Police may |
---|
| 2091 | + | 16 require. |
---|
| 2092 | + | 17 (3) Designate a single appropriate elected official of |
---|
| 2093 | + | 18 a participating unit of local government to act as the |
---|
| 2094 | + | 19 financial officer of the MEG for all participating units |
---|
| 2095 | + | 20 of local government and to receive funds for the operation |
---|
| 2096 | + | 21 of the MEG. |
---|
| 2097 | + | 22 (4) Limit its operations to enforcement of drug laws; |
---|
| 2098 | + | 23 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2, |
---|
| 2099 | + | 24 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3, |
---|
| 2100 | + | 25 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, |
---|
| 2101 | + | 26 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code |
---|
| 2102 | + | |
---|
| 2103 | + | |
---|
| 2104 | + | |
---|
| 2105 | + | |
---|
| 2106 | + | |
---|
| 2107 | + | HB2412 Enrolled - 59 - LRB103 05885 RLC 56341 b |
---|
| 2108 | + | |
---|
| 2109 | + | |
---|
| 2110 | + | HB2412 Enrolled- 60 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 60 - LRB103 05885 RLC 56341 b |
---|
| 2111 | + | HB2412 Enrolled - 60 - LRB103 05885 RLC 56341 b |
---|
| 2112 | + | 1 of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm |
---|
| 2113 | + | 2 Owners Identification Card Act; and the investigation of |
---|
| 2114 | + | 3 streetgang related offenses. |
---|
| 2115 | + | 4 (5) Cooperate with the Illinois State Police in order |
---|
| 2116 | + | 5 to assure compliance with this Act and to enable the |
---|
| 2117 | + | 6 Illinois State Police to fulfill its duties under this |
---|
| 2118 | + | 7 Act, and supply the Illinois State Police with all |
---|
| 2119 | + | 8 information the Illinois State Police deems necessary |
---|
| 2120 | + | 9 therefor. |
---|
| 2121 | + | 10 (6) Receive funding of at least 50% of the total |
---|
| 2122 | + | 11 operating budget of the MEG from the participating units |
---|
| 2123 | + | 12 of local government. |
---|
| 2124 | + | 13 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
---|
| 2125 | + | 14 102-813, eff. 5-13-22.) |
---|
| 2126 | + | 15 Section 35. The School Code is amended by changing Section |
---|
| 2127 | + | 16 10-27.1A as follows: |
---|
| 2128 | + | 17 (105 ILCS 5/10-27.1A) |
---|
| 2129 | + | 18 Sec. 10-27.1A. Firearms in schools. |
---|
| 2130 | + | 19 (a) All school officials, including teachers, school |
---|
| 2131 | + | 20 counselors, and support staff, shall immediately notify the |
---|
| 2132 | + | 21 office of the principal in the event that they observe any |
---|
| 2133 | + | 22 person in possession of a firearm on school grounds; provided |
---|
| 2134 | + | 23 that taking such immediate action to notify the office of the |
---|
| 2135 | + | 24 principal would not immediately endanger the health, safety, |
---|
| 2136 | + | |
---|
| 2137 | + | |
---|
| 2138 | + | |
---|
| 2139 | + | |
---|
| 2140 | + | |
---|
| 2141 | + | HB2412 Enrolled - 60 - LRB103 05885 RLC 56341 b |
---|
| 2142 | + | |
---|
| 2143 | + | |
---|
| 2144 | + | HB2412 Enrolled- 61 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 61 - LRB103 05885 RLC 56341 b |
---|
| 2145 | + | HB2412 Enrolled - 61 - LRB103 05885 RLC 56341 b |
---|
| 2146 | + | 1 or welfare of students who are under the direct supervision of |
---|
| 2147 | + | 2 the school official or the school official. If the health, |
---|
| 2148 | + | 3 safety, or welfare of students under the direct supervision of |
---|
| 2149 | + | 4 the school official or of the school official is immediately |
---|
| 2150 | + | 5 endangered, the school official shall notify the office of the |
---|
| 2151 | + | 6 principal as soon as the students under his or her supervision |
---|
| 2152 | + | 7 and he or she are no longer under immediate danger. A report is |
---|
| 2153 | + | 8 not required by this Section when the school official knows |
---|
| 2154 | + | 9 that the person in possession of the firearm is a law |
---|
| 2155 | + | 10 enforcement official engaged in the conduct of his or her |
---|
| 2156 | + | 11 official duties. Any school official acting in good faith who |
---|
| 2157 | + | 12 makes such a report under this Section shall have immunity |
---|
| 2158 | + | 13 from any civil or criminal liability that might otherwise be |
---|
| 2159 | + | 14 incurred as a result of making the report. The identity of the |
---|
| 2160 | + | 15 school official making such report shall not be disclosed |
---|
| 2161 | + | 16 except as expressly and specifically authorized by law. |
---|
| 2162 | + | 17 Knowingly and willfully failing to comply with this Section is |
---|
| 2163 | + | 18 a petty offense. A second or subsequent offense is a Class C |
---|
| 2164 | + | 19 misdemeanor. |
---|
| 2165 | + | 20 (b) Upon receiving a report from any school official |
---|
| 2166 | + | 21 pursuant to this Section, or from any other person, the |
---|
| 2167 | + | 22 principal or his or her designee shall immediately notify a |
---|
| 2168 | + | 23 local law enforcement agency. If the person found to be in |
---|
| 2169 | + | 24 possession of a firearm on school grounds is a student, the |
---|
| 2170 | + | 25 principal or his or her designee shall also immediately notify |
---|
| 2171 | + | 26 that student's parent or guardian. Any principal or his or her |
---|
| 2172 | + | |
---|
| 2173 | + | |
---|
| 2174 | + | |
---|
| 2175 | + | |
---|
| 2176 | + | |
---|
| 2177 | + | HB2412 Enrolled - 61 - LRB103 05885 RLC 56341 b |
---|
| 2178 | + | |
---|
| 2179 | + | |
---|
| 2180 | + | HB2412 Enrolled- 62 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 62 - LRB103 05885 RLC 56341 b |
---|
| 2181 | + | HB2412 Enrolled - 62 - LRB103 05885 RLC 56341 b |
---|
| 2182 | + | 1 designee acting in good faith who makes such reports under |
---|
| 2183 | + | 2 this Section shall have immunity from any civil or criminal |
---|
| 2184 | + | 3 liability that might otherwise be incurred or imposed as a |
---|
| 2185 | + | 4 result of making the reports. Knowingly and willfully failing |
---|
| 2186 | + | 5 to comply with this Section is a petty offense. A second or |
---|
| 2187 | + | 6 subsequent offense is a Class C misdemeanor. If the person |
---|
| 2188 | + | 7 found to be in possession of the firearm on school grounds is a |
---|
| 2189 | + | 8 minor, the law enforcement agency shall detain that minor |
---|
| 2190 | + | 9 until such time as the agency makes a determination pursuant |
---|
| 2191 | + | 10 to clause (a) of subsection (1) of Section 5-401 of the |
---|
| 2192 | + | 11 Juvenile Court Act of 1987, as to whether the agency |
---|
| 2193 | + | 12 reasonably believes that the minor is delinquent. If the law |
---|
| 2194 | + | 13 enforcement agency determines that probable cause exists to |
---|
| 2195 | + | 14 believe that the minor committed a violation of item (4) of |
---|
| 2196 | + | 15 subsection (a) of Section 24-1 of the Criminal Code of 2012 |
---|
| 2197 | + | 16 while on school grounds, the agency shall detain the minor for |
---|
| 2198 | + | 17 processing pursuant to Section 5-407 of the Juvenile Court Act |
---|
| 2199 | + | 18 of 1987. |
---|
| 2200 | + | 19 (c) Upon On or after January 1, 1997, upon receipt of any |
---|
| 2201 | + | 20 written, electronic, or verbal report from any school |
---|
| 2202 | + | 21 personnel regarding a verified incident involving a firearm in |
---|
| 2203 | + | 22 a school or on school owned or leased property, including any |
---|
| 2204 | + | 23 conveyance owned, leased, or used by the school for the |
---|
| 2205 | + | 24 transport of students or school personnel, the superintendent |
---|
| 2206 | + | 25 or his or her designee shall report all such firearm-related |
---|
| 2207 | + | 26 incidents occurring in a school or on school property to the |
---|
| 2208 | + | |
---|
| 2209 | + | |
---|
| 2210 | + | |
---|
| 2211 | + | |
---|
| 2212 | + | |
---|
| 2213 | + | HB2412 Enrolled - 62 - LRB103 05885 RLC 56341 b |
---|
| 2214 | + | |
---|
| 2215 | + | |
---|
| 2216 | + | HB2412 Enrolled- 63 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 63 - LRB103 05885 RLC 56341 b |
---|
| 2217 | + | HB2412 Enrolled - 63 - LRB103 05885 RLC 56341 b |
---|
| 2218 | + | 1 local law enforcement authorities immediately, who shall |
---|
| 2219 | + | 2 report and to the Illinois State Police in a form, manner, and |
---|
| 2220 | + | 3 frequency as prescribed by the Illinois State Police. |
---|
| 2221 | + | 4 The State Board of Education shall receive an annual |
---|
| 2222 | + | 5 statistical compilation and related data associated with |
---|
| 2223 | + | 6 incidents involving firearms in schools from the Illinois |
---|
| 2224 | + | 7 State Police. The State Board of Education shall compile this |
---|
| 2225 | + | 8 information by school district and make it available to the |
---|
| 2226 | + | 9 public. |
---|
| 2227 | + | 10 (d) As used in this Section, the term "firearm" shall have |
---|
| 2228 | + | 11 the meaning ascribed to it in Section 1.1 of the Firearm Owners |
---|
| 2229 | + | 12 Identification Card Act. |
---|
| 2230 | + | 13 As used in this Section, the term "school" means any |
---|
| 2231 | + | 14 public or private elementary or secondary school. |
---|
| 2232 | + | 15 As used in this Section, the term "school grounds" |
---|
| 2233 | + | 16 includes the real property comprising any school, any |
---|
| 2234 | + | 17 conveyance owned, leased, or contracted by a school to |
---|
| 2235 | + | 18 transport students to or from school or a school-related |
---|
| 2236 | + | 19 activity, or any public way within 1,000 feet of the real |
---|
| 2237 | + | 20 property comprising any school. |
---|
| 2238 | + | 21 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; |
---|
| 2239 | + | 22 102-813, eff. 5-13-22.) |
---|
| 2240 | + | 23 Section 40. The Illinois Pension Code is amended by |
---|
| 2241 | + | 24 changing Section 14-110 as follows: |
---|
| 2242 | + | |
---|
| 2243 | + | |
---|
| 2244 | + | |
---|
| 2245 | + | |
---|
| 2246 | + | |
---|
| 2247 | + | HB2412 Enrolled - 63 - LRB103 05885 RLC 56341 b |
---|
| 2248 | + | |
---|
| 2249 | + | |
---|
| 2250 | + | HB2412 Enrolled- 64 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 64 - LRB103 05885 RLC 56341 b |
---|
| 2251 | + | HB2412 Enrolled - 64 - LRB103 05885 RLC 56341 b |
---|
| 2252 | + | 1 (40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110) |
---|
| 2253 | + | 2 (Text of Section from P.A. 102-813) |
---|
| 2254 | + | 3 Sec. 14-110. Alternative retirement annuity. |
---|
| 2255 | + | 4 (a) Any member who has withdrawn from service with not |
---|
| 2256 | + | 5 less than 20 years of eligible creditable service and has |
---|
| 2257 | + | 6 attained age 55, and any member who has withdrawn from service |
---|
| 2258 | + | 7 with not less than 25 years of eligible creditable service and |
---|
| 2259 | + | 8 has attained age 50, regardless of whether the attainment of |
---|
| 2260 | + | 9 either of the specified ages occurs while the member is still |
---|
| 2261 | + | 10 in service, shall be entitled to receive at the option of the |
---|
| 2262 | + | 11 member, in lieu of the regular or minimum retirement annuity, |
---|
| 2263 | + | 12 a retirement annuity computed as follows: |
---|
| 2264 | + | 13 (i) for periods of service as a noncovered employee: |
---|
| 2265 | + | 14 if retirement occurs on or after January 1, 2001, 3% of |
---|
| 2266 | + | 15 final average compensation for each year of creditable |
---|
| 2267 | + | 16 service; if retirement occurs before January 1, 2001, 2 |
---|
| 2268 | + | 17 1/4% of final average compensation for each of the first |
---|
| 2269 | + | 18 10 years of creditable service, 2 1/2% for each year above |
---|
| 2270 | + | 19 10 years to and including 20 years of creditable service, |
---|
| 2271 | + | 20 and 2 3/4% for each year of creditable service above 20 |
---|
| 2272 | + | 21 years; and |
---|
| 2273 | + | 22 (ii) for periods of eligible creditable service as a |
---|
| 2274 | + | 23 covered employee: if retirement occurs on or after January |
---|
| 2275 | + | 24 1, 2001, 2.5% of final average compensation for each year |
---|
| 2276 | + | 25 of creditable service; if retirement occurs before January |
---|
| 2277 | + | 26 1, 2001, 1.67% of final average compensation for each of |
---|
| 2278 | + | |
---|
| 2279 | + | |
---|
| 2280 | + | |
---|
| 2281 | + | |
---|
| 2282 | + | |
---|
| 2283 | + | HB2412 Enrolled - 64 - LRB103 05885 RLC 56341 b |
---|
| 2284 | + | |
---|
| 2285 | + | |
---|
| 2286 | + | HB2412 Enrolled- 65 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 65 - LRB103 05885 RLC 56341 b |
---|
| 2287 | + | HB2412 Enrolled - 65 - LRB103 05885 RLC 56341 b |
---|
| 2288 | + | 1 the first 10 years of such service, 1.90% for each of the |
---|
| 2289 | + | 2 next 10 years of such service, 2.10% for each year of such |
---|
| 2290 | + | 3 service in excess of 20 but not exceeding 30, and 2.30% for |
---|
| 2291 | + | 4 each year in excess of 30. |
---|
| 2292 | + | 5 Such annuity shall be subject to a maximum of 75% of final |
---|
| 2293 | + | 6 average compensation if retirement occurs before January 1, |
---|
| 2294 | + | 7 2001 or to a maximum of 80% of final average compensation if |
---|
| 2295 | + | 8 retirement occurs on or after January 1, 2001. |
---|
| 2296 | + | 9 These rates shall not be applicable to any service |
---|
| 2297 | + | 10 performed by a member as a covered employee which is not |
---|
| 2298 | + | 11 eligible creditable service. Service as a covered employee |
---|
| 2299 | + | 12 which is not eligible creditable service shall be subject to |
---|
| 2300 | + | 13 the rates and provisions of Section 14-108. |
---|
| 2301 | + | 14 (b) For the purpose of this Section, "eligible creditable |
---|
| 2302 | + | 15 service" means creditable service resulting from service in |
---|
| 2303 | + | 16 one or more of the following positions: |
---|
| 2304 | + | 17 (1) State policeman; |
---|
| 2305 | + | 18 (2) fire fighter in the fire protection service of a |
---|
| 2306 | + | 19 department; |
---|
| 2307 | + | 20 (3) air pilot; |
---|
| 2308 | + | 21 (4) special agent; |
---|
| 2309 | + | 22 (5) investigator for the Secretary of State; |
---|
| 2310 | + | 23 (6) conservation police officer; |
---|
| 2311 | + | 24 (7) investigator for the Department of Revenue or the |
---|
| 2312 | + | 25 Illinois Gaming Board; |
---|
| 2313 | + | 26 (8) security employee of the Department of Human |
---|
| 2314 | + | |
---|
| 2315 | + | |
---|
| 2316 | + | |
---|
| 2317 | + | |
---|
| 2318 | + | |
---|
| 2319 | + | HB2412 Enrolled - 65 - LRB103 05885 RLC 56341 b |
---|
| 2320 | + | |
---|
| 2321 | + | |
---|
| 2322 | + | HB2412 Enrolled- 66 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 66 - LRB103 05885 RLC 56341 b |
---|
| 2323 | + | HB2412 Enrolled - 66 - LRB103 05885 RLC 56341 b |
---|
| 2324 | + | 1 Services; |
---|
| 2325 | + | 2 (9) Central Management Services security police |
---|
| 2326 | + | 3 officer; |
---|
| 2327 | + | 4 (10) security employee of the Department of |
---|
| 2328 | + | 5 Corrections or the Department of Juvenile Justice; |
---|
| 2329 | + | 6 (11) dangerous drugs investigator; |
---|
| 2330 | + | 7 (12) investigator for the Illinois State Police; |
---|
| 2331 | + | 8 (13) investigator for the Office of the Attorney |
---|
| 2332 | + | 9 General; |
---|
| 2333 | + | 10 (14) controlled substance inspector; |
---|
| 2334 | + | 11 (15) investigator for the Office of the State's |
---|
| 2335 | + | 12 Attorneys Appellate Prosecutor; |
---|
| 2336 | + | 13 (16) Commerce Commission police officer; |
---|
| 2337 | + | 14 (17) arson investigator; |
---|
| 2338 | + | 15 (18) State highway maintenance worker; |
---|
| 2339 | + | 16 (19) security employee of the Department of Innovation |
---|
| 2340 | + | 17 and Technology; or |
---|
| 2341 | + | 18 (20) transferred employee. |
---|
| 2342 | + | 19 A person employed in one of the positions specified in |
---|
| 2343 | + | 20 this subsection is entitled to eligible creditable service for |
---|
| 2344 | + | 21 service credit earned under this Article while undergoing the |
---|
| 2345 | + | 22 basic police training course approved by the Illinois Law |
---|
| 2346 | + | 23 Enforcement Training Standards Board, if completion of that |
---|
| 2347 | + | 24 training is required of persons serving in that position. For |
---|
| 2348 | + | 25 the purposes of this Code, service during the required basic |
---|
| 2349 | + | 26 police training course shall be deemed performance of the |
---|
| 2350 | + | |
---|
| 2351 | + | |
---|
| 2352 | + | |
---|
| 2353 | + | |
---|
| 2354 | + | |
---|
| 2355 | + | HB2412 Enrolled - 66 - LRB103 05885 RLC 56341 b |
---|
| 2356 | + | |
---|
| 2357 | + | |
---|
| 2358 | + | HB2412 Enrolled- 67 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 67 - LRB103 05885 RLC 56341 b |
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| 2359 | + | HB2412 Enrolled - 67 - LRB103 05885 RLC 56341 b |
---|
| 2360 | + | 1 duties of the specified position, even though the person is |
---|
| 2361 | + | 2 not a sworn peace officer at the time of the training. |
---|
| 2362 | + | 3 A person under paragraph (20) is entitled to eligible |
---|
| 2363 | + | 4 creditable service for service credit earned under this |
---|
| 2364 | + | 5 Article on and after his or her transfer by Executive Order No. |
---|
| 2365 | + | 6 2003-10, Executive Order No. 2004-2, or Executive Order No. |
---|
| 2366 | + | 7 2016-1. |
---|
| 2367 | + | 8 (c) For the purposes of this Section: |
---|
| 2368 | + | 9 (1) The term "State policeman" includes any title or |
---|
| 2369 | + | 10 position in the Illinois State Police that is held by an |
---|
| 2370 | + | 11 individual employed under the Illinois State Police Act. |
---|
| 2371 | + | 12 (2) The term "fire fighter in the fire protection |
---|
| 2372 | + | 13 service of a department" includes all officers in such |
---|
| 2373 | + | 14 fire protection service including fire chiefs and |
---|
| 2374 | + | 15 assistant fire chiefs. |
---|
| 2375 | + | 16 (3) The term "air pilot" includes any employee whose |
---|
| 2376 | + | 17 official job description on file in the Department of |
---|
| 2377 | + | 18 Central Management Services, or in the department by which |
---|
| 2378 | + | 19 he is employed if that department is not covered by the |
---|
| 2379 | + | 20 Personnel Code, states that his principal duty is the |
---|
| 2380 | + | 21 operation of aircraft, and who possesses a pilot's |
---|
| 2381 | + | 22 license; however, the change in this definition made by |
---|
| 2382 | + | 23 Public Act 83-842 shall not operate to exclude any |
---|
| 2383 | + | 24 noncovered employee who was an "air pilot" for the |
---|
| 2384 | + | 25 purposes of this Section on January 1, 1984. |
---|
| 2385 | + | 26 (4) The term "special agent" means any person who by |
---|
| 2386 | + | |
---|
| 2387 | + | |
---|
| 2388 | + | |
---|
| 2389 | + | |
---|
| 2390 | + | |
---|
| 2391 | + | HB2412 Enrolled - 67 - LRB103 05885 RLC 56341 b |
---|
| 2392 | + | |
---|
| 2393 | + | |
---|
| 2394 | + | HB2412 Enrolled- 68 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 68 - LRB103 05885 RLC 56341 b |
---|
| 2395 | + | HB2412 Enrolled - 68 - LRB103 05885 RLC 56341 b |
---|
| 2396 | + | 1 reason of employment by the Division of Narcotic Control, |
---|
| 2397 | + | 2 the Bureau of Investigation or, after July 1, 1977, the |
---|
| 2398 | + | 3 Division of Criminal Investigation, the Division of |
---|
| 2399 | + | 4 Internal Investigation, the Division of Operations, the |
---|
| 2400 | + | 5 Division of Patrol Operations, or any other Division or |
---|
| 2401 | + | 6 organizational entity in the Illinois State Police is |
---|
| 2402 | + | 7 vested by law with duties to maintain public order, |
---|
| 2403 | + | 8 investigate violations of the criminal law of this State, |
---|
| 2404 | + | 9 enforce the laws of this State, make arrests and recover |
---|
| 2405 | + | 10 property. The term "special agent" includes any title or |
---|
| 2406 | + | 11 position in the Illinois State Police that is held by an |
---|
| 2407 | + | 12 individual employed under the Illinois State Police Act. |
---|
| 2408 | + | 13 (5) The term "investigator for the Secretary of State" |
---|
| 2409 | + | 14 means any person employed by the Office of the Secretary |
---|
| 2410 | + | 15 of State and vested with such investigative duties as |
---|
| 2411 | + | 16 render him ineligible for coverage under the Social |
---|
| 2412 | + | 17 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 2413 | + | 18 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 2414 | + | 19 A person who became employed as an investigator for |
---|
| 2415 | + | 20 the Secretary of State between January 1, 1967 and |
---|
| 2416 | + | 21 December 31, 1975, and who has served as such until |
---|
| 2417 | + | 22 attainment of age 60, either continuously or with a single |
---|
| 2418 | + | 23 break in service of not more than 3 years duration, which |
---|
| 2419 | + | 24 break terminated before January 1, 1976, shall be entitled |
---|
| 2420 | + | 25 to have his retirement annuity calculated in accordance |
---|
| 2421 | + | 26 with subsection (a), notwithstanding that he has less than |
---|
| 2422 | + | |
---|
| 2423 | + | |
---|
| 2424 | + | |
---|
| 2425 | + | |
---|
| 2426 | + | |
---|
| 2427 | + | HB2412 Enrolled - 68 - LRB103 05885 RLC 56341 b |
---|
| 2428 | + | |
---|
| 2429 | + | |
---|
| 2430 | + | HB2412 Enrolled- 69 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 69 - LRB103 05885 RLC 56341 b |
---|
| 2431 | + | HB2412 Enrolled - 69 - LRB103 05885 RLC 56341 b |
---|
| 2432 | + | 1 20 years of credit for such service. |
---|
| 2433 | + | 2 (6) The term "Conservation Police Officer" means any |
---|
| 2434 | + | 3 person employed by the Division of Law Enforcement of the |
---|
| 2435 | + | 4 Department of Natural Resources and vested with such law |
---|
| 2436 | + | 5 enforcement duties as render him ineligible for coverage |
---|
| 2437 | + | 6 under the Social Security Act by reason of Sections |
---|
| 2438 | + | 7 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The |
---|
| 2439 | + | 8 term "Conservation Police Officer" includes the positions |
---|
| 2440 | + | 9 of Chief Conservation Police Administrator and Assistant |
---|
| 2441 | + | 10 Conservation Police Administrator. |
---|
| 2442 | + | 11 (7) The term "investigator for the Department of |
---|
| 2443 | + | 12 Revenue" means any person employed by the Department of |
---|
| 2444 | + | 13 Revenue and vested with such investigative duties as |
---|
| 2445 | + | 14 render him ineligible for coverage under the Social |
---|
| 2446 | + | 15 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 2447 | + | 16 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 2448 | + | 17 The term "investigator for the Illinois Gaming Board" |
---|
| 2449 | + | 18 means any person employed as such by the Illinois Gaming |
---|
| 2450 | + | 19 Board and vested with such peace officer duties as render |
---|
| 2451 | + | 20 the person ineligible for coverage under the Social |
---|
| 2452 | + | 21 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 2453 | + | 22 218(d)(8)(D), and 218(l)(1) of that Act. |
---|
| 2454 | + | 23 (8) The term "security employee of the Department of |
---|
| 2455 | + | 24 Human Services" means any person employed by the |
---|
| 2456 | + | 25 Department of Human Services who (i) is employed at the |
---|
| 2457 | + | 26 Chester Mental Health Center and has daily contact with |
---|
| 2458 | + | |
---|
| 2459 | + | |
---|
| 2460 | + | |
---|
| 2461 | + | |
---|
| 2462 | + | |
---|
| 2463 | + | HB2412 Enrolled - 69 - LRB103 05885 RLC 56341 b |
---|
| 2464 | + | |
---|
| 2465 | + | |
---|
| 2466 | + | HB2412 Enrolled- 70 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 70 - LRB103 05885 RLC 56341 b |
---|
| 2467 | + | HB2412 Enrolled - 70 - LRB103 05885 RLC 56341 b |
---|
| 2468 | + | 1 the residents thereof, (ii) is employed within a security |
---|
| 2469 | + | 2 unit at a facility operated by the Department and has |
---|
| 2470 | + | 3 daily contact with the residents of the security unit, |
---|
| 2471 | + | 4 (iii) is employed at a facility operated by the Department |
---|
| 2472 | + | 5 that includes a security unit and is regularly scheduled |
---|
| 2473 | + | 6 to work at least 50% of his or her working hours within |
---|
| 2474 | + | 7 that security unit, or (iv) is a mental health police |
---|
| 2475 | + | 8 officer. "Mental health police officer" means any person |
---|
| 2476 | + | 9 employed by the Department of Human Services in a position |
---|
| 2477 | + | 10 pertaining to the Department's mental health and |
---|
| 2478 | + | 11 developmental disabilities functions who is vested with |
---|
| 2479 | + | 12 such law enforcement duties as render the person |
---|
| 2480 | + | 13 ineligible for coverage under the Social Security Act by |
---|
| 2481 | + | 14 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
---|
| 2482 | + | 15 218(l)(1) of that Act. "Security unit" means that portion |
---|
| 2483 | + | 16 of a facility that is devoted to the care, containment, |
---|
| 2484 | + | 17 and treatment of persons committed to the Department of |
---|
| 2485 | + | 18 Human Services as sexually violent persons, persons unfit |
---|
| 2486 | + | 19 to stand trial, or persons not guilty by reason of |
---|
| 2487 | + | 20 insanity. With respect to past employment, references to |
---|
| 2488 | + | 21 the Department of Human Services include its predecessor, |
---|
| 2489 | + | 22 the Department of Mental Health and Developmental |
---|
| 2490 | + | 23 Disabilities. |
---|
| 2491 | + | 24 The changes made to this subdivision (c)(8) by Public |
---|
| 2492 | + | 25 Act 92-14 apply to persons who retire on or after January |
---|
| 2493 | + | 26 1, 2001, notwithstanding Section 1-103.1. |
---|
| 2494 | + | |
---|
| 2495 | + | |
---|
| 2496 | + | |
---|
| 2497 | + | |
---|
| 2498 | + | |
---|
| 2499 | + | HB2412 Enrolled - 70 - LRB103 05885 RLC 56341 b |
---|
| 2500 | + | |
---|
| 2501 | + | |
---|
| 2502 | + | HB2412 Enrolled- 71 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 71 - LRB103 05885 RLC 56341 b |
---|
| 2503 | + | HB2412 Enrolled - 71 - LRB103 05885 RLC 56341 b |
---|
| 2504 | + | 1 (9) "Central Management Services security police |
---|
| 2505 | + | 2 officer" means any person employed by the Department of |
---|
| 2506 | + | 3 Central Management Services who is vested with such law |
---|
| 2507 | + | 4 enforcement duties as render him ineligible for coverage |
---|
| 2508 | + | 5 under the Social Security Act by reason of Sections |
---|
| 2509 | + | 6 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 2510 | + | 7 (10) For a member who first became an employee under |
---|
| 2511 | + | 8 this Article before July 1, 2005, the term "security |
---|
| 2512 | + | 9 employee of the Department of Corrections or the |
---|
| 2513 | + | 10 Department of Juvenile Justice" means any employee of the |
---|
| 2514 | + | 11 Department of Corrections or the Department of Juvenile |
---|
| 2515 | + | 12 Justice or the former Department of Personnel, and any |
---|
| 2516 | + | 13 member or employee of the Prisoner Review Board, who has |
---|
| 2517 | + | 14 daily contact with inmates or youth by working within a |
---|
| 2518 | + | 15 correctional facility or Juvenile facility operated by the |
---|
| 2519 | + | 16 Department of Juvenile Justice or who is a parole officer |
---|
| 2520 | + | 17 or an employee who has direct contact with committed |
---|
| 2521 | + | 18 persons in the performance of his or her job duties. For a |
---|
| 2522 | + | 19 member who first becomes an employee under this Article on |
---|
| 2523 | + | 20 or after July 1, 2005, the term means an employee of the |
---|
| 2524 | + | 21 Department of Corrections or the Department of Juvenile |
---|
| 2525 | + | 22 Justice who is any of the following: (i) officially |
---|
| 2526 | + | 23 headquartered at a correctional facility or Juvenile |
---|
| 2527 | + | 24 facility operated by the Department of Juvenile Justice, |
---|
| 2528 | + | 25 (ii) a parole officer, (iii) a member of the apprehension |
---|
| 2529 | + | 26 unit, (iv) a member of the intelligence unit, (v) a member |
---|
| 2530 | + | |
---|
| 2531 | + | |
---|
| 2532 | + | |
---|
| 2533 | + | |
---|
| 2534 | + | |
---|
| 2535 | + | HB2412 Enrolled - 71 - LRB103 05885 RLC 56341 b |
---|
| 2536 | + | |
---|
| 2537 | + | |
---|
| 2538 | + | HB2412 Enrolled- 72 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 72 - LRB103 05885 RLC 56341 b |
---|
| 2539 | + | HB2412 Enrolled - 72 - LRB103 05885 RLC 56341 b |
---|
| 2540 | + | 1 of the sort team, or (vi) an investigator. |
---|
| 2541 | + | 2 (11) The term "dangerous drugs investigator" means any |
---|
| 2542 | + | 3 person who is employed as such by the Department of Human |
---|
| 2543 | + | 4 Services. |
---|
| 2544 | + | 5 (12) The term "investigator for the Illinois State |
---|
| 2545 | + | 6 Police" means a person employed by the Illinois State |
---|
| 2546 | + | 7 Police who is vested under Section 4 of the Narcotic |
---|
| 2547 | + | 8 Control Division Abolition Act with such law enforcement |
---|
| 2548 | + | 9 powers as render him ineligible for coverage under the |
---|
| 2549 | + | 10 Social Security Act by reason of Sections 218(d)(5)(A), |
---|
| 2550 | + | 11 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 2551 | + | 12 (13) "Investigator for the Office of the Attorney |
---|
| 2552 | + | 13 General" means any person who is employed as such by the |
---|
| 2553 | + | 14 Office of the Attorney General and is vested with such |
---|
| 2554 | + | 15 investigative duties as render him ineligible for coverage |
---|
| 2555 | + | 16 under the Social Security Act by reason of Sections |
---|
| 2556 | + | 17 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For |
---|
| 2557 | + | 18 the period before January 1, 1989, the term includes all |
---|
| 2558 | + | 19 persons who were employed as investigators by the Office |
---|
| 2559 | + | 20 of the Attorney General, without regard to social security |
---|
| 2560 | + | 21 status. |
---|
| 2561 | + | 22 (14) "Controlled substance inspector" means any person |
---|
| 2562 | + | 23 who is employed as such by the Department of Professional |
---|
| 2563 | + | 24 Regulation and is vested with such law enforcement duties |
---|
| 2564 | + | 25 as render him ineligible for coverage under the Social |
---|
| 2565 | + | 26 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 2566 | + | |
---|
| 2567 | + | |
---|
| 2568 | + | |
---|
| 2569 | + | |
---|
| 2570 | + | |
---|
| 2571 | + | HB2412 Enrolled - 72 - LRB103 05885 RLC 56341 b |
---|
| 2572 | + | |
---|
| 2573 | + | |
---|
| 2574 | + | HB2412 Enrolled- 73 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 73 - LRB103 05885 RLC 56341 b |
---|
| 2575 | + | HB2412 Enrolled - 73 - LRB103 05885 RLC 56341 b |
---|
| 2576 | + | 1 218(d)(8)(D) and 218(l)(1) of that Act. The term |
---|
| 2577 | + | 2 "controlled substance inspector" includes the Program |
---|
| 2578 | + | 3 Executive of Enforcement and the Assistant Program |
---|
| 2579 | + | 4 Executive of Enforcement. |
---|
| 2580 | + | 5 (15) The term "investigator for the Office of the |
---|
| 2581 | + | 6 State's Attorneys Appellate Prosecutor" means a person |
---|
| 2582 | + | 7 employed in that capacity on a full-time basis under the |
---|
| 2583 | + | 8 authority of Section 7.06 of the State's Attorneys |
---|
| 2584 | + | 9 Appellate Prosecutor's Act. |
---|
| 2585 | + | 10 (16) "Commerce Commission police officer" means any |
---|
| 2586 | + | 11 person employed by the Illinois Commerce Commission who is |
---|
| 2587 | + | 12 vested with such law enforcement duties as render him |
---|
| 2588 | + | 13 ineligible for coverage under the Social Security Act by |
---|
| 2589 | + | 14 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and |
---|
| 2590 | + | 15 218(l)(1) of that Act. |
---|
| 2591 | + | 16 (17) "Arson investigator" means any person who is |
---|
| 2592 | + | 17 employed as such by the Office of the State Fire Marshal |
---|
| 2593 | + | 18 and is vested with such law enforcement duties as render |
---|
| 2594 | + | 19 the person ineligible for coverage under the Social |
---|
| 2595 | + | 20 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 2596 | + | 21 218(d)(8)(D), and 218(l)(1) of that Act. A person who was |
---|
| 2597 | + | 22 employed as an arson investigator on January 1, 1995 and |
---|
| 2598 | + | 23 is no longer in service but not yet receiving a retirement |
---|
| 2599 | + | 24 annuity may convert his or her creditable service for |
---|
| 2600 | + | 25 employment as an arson investigator into eligible |
---|
| 2601 | + | 26 creditable service by paying to the System the difference |
---|
| 2602 | + | |
---|
| 2603 | + | |
---|
| 2604 | + | |
---|
| 2605 | + | |
---|
| 2606 | + | |
---|
| 2607 | + | HB2412 Enrolled - 73 - LRB103 05885 RLC 56341 b |
---|
| 2608 | + | |
---|
| 2609 | + | |
---|
| 2610 | + | HB2412 Enrolled- 74 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 74 - LRB103 05885 RLC 56341 b |
---|
| 2611 | + | HB2412 Enrolled - 74 - LRB103 05885 RLC 56341 b |
---|
| 2612 | + | 1 between the employee contributions actually paid for that |
---|
| 2613 | + | 2 service and the amounts that would have been contributed |
---|
| 2614 | + | 3 if the applicant were contributing at the rate applicable |
---|
| 2615 | + | 4 to persons with the same social security status earning |
---|
| 2616 | + | 5 eligible creditable service on the date of application. |
---|
| 2617 | + | 6 (18) The term "State highway maintenance worker" means |
---|
| 2618 | + | 7 a person who is either of the following: |
---|
| 2619 | + | 8 (i) A person employed on a full-time basis by the |
---|
| 2620 | + | 9 Illinois Department of Transportation in the position |
---|
| 2621 | + | 10 of highway maintainer, highway maintenance lead |
---|
| 2622 | + | 11 worker, highway maintenance lead/lead worker, heavy |
---|
| 2623 | + | 12 construction equipment operator, power shovel |
---|
| 2624 | + | 13 operator, or bridge mechanic; and whose principal |
---|
| 2625 | + | 14 responsibility is to perform, on the roadway, the |
---|
| 2626 | + | 15 actual maintenance necessary to keep the highways that |
---|
| 2627 | + | 16 form a part of the State highway system in serviceable |
---|
| 2628 | + | 17 condition for vehicular traffic. |
---|
| 2629 | + | 18 (ii) A person employed on a full-time basis by the |
---|
| 2630 | + | 19 Illinois State Toll Highway Authority in the position |
---|
| 2631 | + | 20 of equipment operator/laborer H-4, equipment |
---|
| 2632 | + | 21 operator/laborer H-6, welder H-4, welder H-6, |
---|
| 2633 | + | 22 mechanical/electrical H-4, mechanical/electrical H-6, |
---|
| 2634 | + | 23 water/sewer H-4, water/sewer H-6, sign maker/hanger |
---|
| 2635 | + | 24 H-4, sign maker/hanger H-6, roadway lighting H-4, |
---|
| 2636 | + | 25 roadway lighting H-6, structural H-4, structural H-6, |
---|
| 2637 | + | 26 painter H-4, or painter H-6; and whose principal |
---|
| 2638 | + | |
---|
| 2639 | + | |
---|
| 2640 | + | |
---|
| 2641 | + | |
---|
| 2642 | + | |
---|
| 2643 | + | HB2412 Enrolled - 74 - LRB103 05885 RLC 56341 b |
---|
| 2644 | + | |
---|
| 2645 | + | |
---|
| 2646 | + | HB2412 Enrolled- 75 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 75 - LRB103 05885 RLC 56341 b |
---|
| 2647 | + | HB2412 Enrolled - 75 - LRB103 05885 RLC 56341 b |
---|
| 2648 | + | 1 responsibility is to perform, on the roadway, the |
---|
| 2649 | + | 2 actual maintenance necessary to keep the Authority's |
---|
| 2650 | + | 3 tollways in serviceable condition for vehicular |
---|
| 2651 | + | 4 traffic. |
---|
| 2652 | + | 5 (19) The term "security employee of the Department of |
---|
| 2653 | + | 6 Innovation and Technology" means a person who was a |
---|
| 2654 | + | 7 security employee of the Department of Corrections or the |
---|
| 2655 | + | 8 Department of Juvenile Justice, was transferred to the |
---|
| 2656 | + | 9 Department of Innovation and Technology pursuant to |
---|
| 2657 | + | 10 Executive Order 2016-01, and continues to perform similar |
---|
| 2658 | + | 11 job functions under that Department. |
---|
| 2659 | + | 12 (20) "Transferred employee" means an employee who was |
---|
| 2660 | + | 13 transferred to the Department of Central Management |
---|
| 2661 | + | 14 Services by Executive Order No. 2003-10 or Executive Order |
---|
| 2662 | + | 15 No. 2004-2 or transferred to the Department of Innovation |
---|
| 2663 | + | 16 and Technology by Executive Order No. 2016-1, or both, and |
---|
| 2664 | + | 17 was entitled to eligible creditable service for services |
---|
| 2665 | + | 18 immediately preceding the transfer. |
---|
| 2666 | + | 19 (d) A security employee of the Department of Corrections |
---|
| 2667 | + | 20 or the Department of Juvenile Justice, a security employee of |
---|
| 2668 | + | 21 the Department of Human Services who is not a mental health |
---|
| 2669 | + | 22 police officer, and a security employee of the Department of |
---|
| 2670 | + | 23 Innovation and Technology shall not be eligible for the |
---|
| 2671 | + | 24 alternative retirement annuity provided by this Section unless |
---|
| 2672 | + | 25 he or she meets the following minimum age and service |
---|
| 2673 | + | 26 requirements at the time of retirement: |
---|
| 2674 | + | |
---|
| 2675 | + | |
---|
| 2676 | + | |
---|
| 2677 | + | |
---|
| 2678 | + | |
---|
| 2679 | + | HB2412 Enrolled - 75 - LRB103 05885 RLC 56341 b |
---|
| 2680 | + | |
---|
| 2681 | + | |
---|
| 2682 | + | HB2412 Enrolled- 76 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 76 - LRB103 05885 RLC 56341 b |
---|
| 2683 | + | HB2412 Enrolled - 76 - LRB103 05885 RLC 56341 b |
---|
| 2684 | + | 1 (i) 25 years of eligible creditable service and age |
---|
| 2685 | + | 2 55; or |
---|
| 2686 | + | 3 (ii) beginning January 1, 1987, 25 years of eligible |
---|
| 2687 | + | 4 creditable service and age 54, or 24 years of eligible |
---|
| 2688 | + | 5 creditable service and age 55; or |
---|
| 2689 | + | 6 (iii) beginning January 1, 1988, 25 years of eligible |
---|
| 2690 | + | 7 creditable service and age 53, or 23 years of eligible |
---|
| 2691 | + | 8 creditable service and age 55; or |
---|
| 2692 | + | 9 (iv) beginning January 1, 1989, 25 years of eligible |
---|
| 2693 | + | 10 creditable service and age 52, or 22 years of eligible |
---|
| 2694 | + | 11 creditable service and age 55; or |
---|
| 2695 | + | 12 (v) beginning January 1, 1990, 25 years of eligible |
---|
| 2696 | + | 13 creditable service and age 51, or 21 years of eligible |
---|
| 2697 | + | 14 creditable service and age 55; or |
---|
| 2698 | + | 15 (vi) beginning January 1, 1991, 25 years of eligible |
---|
| 2699 | + | 16 creditable service and age 50, or 20 years of eligible |
---|
| 2700 | + | 17 creditable service and age 55. |
---|
| 2701 | + | 18 Persons who have service credit under Article 16 of this |
---|
| 2702 | + | 19 Code for service as a security employee of the Department of |
---|
| 2703 | + | 20 Corrections or the Department of Juvenile Justice, or the |
---|
| 2704 | + | 21 Department of Human Services in a position requiring |
---|
| 2705 | + | 22 certification as a teacher may count such service toward |
---|
| 2706 | + | 23 establishing their eligibility under the service requirements |
---|
| 2707 | + | 24 of this Section; but such service may be used only for |
---|
| 2708 | + | 25 establishing such eligibility, and not for the purpose of |
---|
| 2709 | + | 26 increasing or calculating any benefit. |
---|
| 2710 | + | |
---|
| 2711 | + | |
---|
| 2712 | + | |
---|
| 2713 | + | |
---|
| 2714 | + | |
---|
| 2715 | + | HB2412 Enrolled - 76 - LRB103 05885 RLC 56341 b |
---|
| 2716 | + | |
---|
| 2717 | + | |
---|
| 2718 | + | HB2412 Enrolled- 77 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 77 - LRB103 05885 RLC 56341 b |
---|
| 2719 | + | HB2412 Enrolled - 77 - LRB103 05885 RLC 56341 b |
---|
| 2720 | + | 1 (e) If a member enters military service while working in a |
---|
| 2721 | + | 2 position in which eligible creditable service may be earned, |
---|
| 2722 | + | 3 and returns to State service in the same or another such |
---|
| 2723 | + | 4 position, and fulfills in all other respects the conditions |
---|
| 2724 | + | 5 prescribed in this Article for credit for military service, |
---|
| 2725 | + | 6 such military service shall be credited as eligible creditable |
---|
| 2726 | + | 7 service for the purposes of the retirement annuity prescribed |
---|
| 2727 | + | 8 in this Section. |
---|
| 2728 | + | 9 (f) For purposes of calculating retirement annuities under |
---|
| 2729 | + | 10 this Section, periods of service rendered after December 31, |
---|
| 2730 | + | 11 1968 and before October 1, 1975 as a covered employee in the |
---|
| 2731 | + | 12 position of special agent, conservation police officer, mental |
---|
| 2732 | + | 13 health police officer, or investigator for the Secretary of |
---|
| 2733 | + | 14 State, shall be deemed to have been service as a noncovered |
---|
| 2734 | + | 15 employee, provided that the employee pays to the System prior |
---|
| 2735 | + | 16 to retirement an amount equal to (1) the difference between |
---|
| 2736 | + | 17 the employee contributions that would have been required for |
---|
| 2737 | + | 18 such service as a noncovered employee, and the amount of |
---|
| 2738 | + | 19 employee contributions actually paid, plus (2) if payment is |
---|
| 2739 | + | 20 made after July 31, 1987, regular interest on the amount |
---|
| 2740 | + | 21 specified in item (1) from the date of service to the date of |
---|
| 2741 | + | 22 payment. |
---|
| 2742 | + | 23 For purposes of calculating retirement annuities under |
---|
| 2743 | + | 24 this Section, periods of service rendered after December 31, |
---|
| 2744 | + | 25 1968 and before January 1, 1982 as a covered employee in the |
---|
| 2745 | + | 26 position of investigator for the Department of Revenue shall |
---|
| 2746 | + | |
---|
| 2747 | + | |
---|
| 2748 | + | |
---|
| 2749 | + | |
---|
| 2750 | + | |
---|
| 2751 | + | HB2412 Enrolled - 77 - LRB103 05885 RLC 56341 b |
---|
| 2752 | + | |
---|
| 2753 | + | |
---|
| 2754 | + | HB2412 Enrolled- 78 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 78 - LRB103 05885 RLC 56341 b |
---|
| 2755 | + | HB2412 Enrolled - 78 - LRB103 05885 RLC 56341 b |
---|
| 2756 | + | 1 be deemed to have been service as a noncovered employee, |
---|
| 2757 | + | 2 provided that the employee pays to the System prior to |
---|
| 2758 | + | 3 retirement an amount equal to (1) the difference between the |
---|
| 2759 | + | 4 employee contributions that would have been required for such |
---|
| 2760 | + | 5 service as a noncovered employee, and the amount of employee |
---|
| 2761 | + | 6 contributions actually paid, plus (2) if payment is made after |
---|
| 2762 | + | 7 January 1, 1990, regular interest on the amount specified in |
---|
| 2763 | + | 8 item (1) from the date of service to the date of payment. |
---|
| 2764 | + | 9 (g) A State policeman may elect, not later than January 1, |
---|
| 2765 | + | 10 1990, to establish eligible creditable service for up to 10 |
---|
| 2766 | + | 11 years of his service as a policeman under Article 3, by filing |
---|
| 2767 | + | 12 a written election with the Board, accompanied by payment of |
---|
| 2768 | + | 13 an amount to be determined by the Board, equal to (i) the |
---|
| 2769 | + | 14 difference between the amount of employee and employer |
---|
| 2770 | + | 15 contributions transferred to the System under Section 3-110.5, |
---|
| 2771 | + | 16 and the amounts that would have been contributed had such |
---|
| 2772 | + | 17 contributions been made at the rates applicable to State |
---|
| 2773 | + | 18 policemen, plus (ii) interest thereon at the effective rate |
---|
| 2774 | + | 19 for each year, compounded annually, from the date of service |
---|
| 2775 | + | 20 to the date of payment. |
---|
| 2776 | + | 21 Subject to the limitation in subsection (i), a State |
---|
| 2777 | + | 22 policeman may elect, not later than July 1, 1993, to establish |
---|
| 2778 | + | 23 eligible creditable service for up to 10 years of his service |
---|
| 2779 | + | 24 as a member of the County Police Department under Article 9, by |
---|
| 2780 | + | 25 filing a written election with the Board, accompanied by |
---|
| 2781 | + | 26 payment of an amount to be determined by the Board, equal to |
---|
| 2782 | + | |
---|
| 2783 | + | |
---|
| 2784 | + | |
---|
| 2785 | + | |
---|
| 2786 | + | |
---|
| 2787 | + | HB2412 Enrolled - 78 - LRB103 05885 RLC 56341 b |
---|
| 2788 | + | |
---|
| 2789 | + | |
---|
| 2790 | + | HB2412 Enrolled- 79 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 79 - LRB103 05885 RLC 56341 b |
---|
| 2791 | + | HB2412 Enrolled - 79 - LRB103 05885 RLC 56341 b |
---|
| 2792 | + | 1 (i) the difference between the amount of employee and employer |
---|
| 2793 | + | 2 contributions transferred to the System under Section 9-121.10 |
---|
| 2794 | + | 3 and the amounts that would have been contributed had those |
---|
| 2795 | + | 4 contributions been made at the rates applicable to State |
---|
| 2796 | + | 5 policemen, plus (ii) interest thereon at the effective rate |
---|
| 2797 | + | 6 for each year, compounded annually, from the date of service |
---|
| 2798 | + | 7 to the date of payment. |
---|
| 2799 | + | 8 (h) Subject to the limitation in subsection (i), a State |
---|
| 2800 | + | 9 policeman or investigator for the Secretary of State may elect |
---|
| 2801 | + | 10 to establish eligible creditable service for up to 12 years of |
---|
| 2802 | + | 11 his service as a policeman under Article 5, by filing a written |
---|
| 2803 | + | 12 election with the Board on or before January 31, 1992, and |
---|
| 2804 | + | 13 paying to the System by January 31, 1994 an amount to be |
---|
| 2805 | + | 14 determined by the Board, equal to (i) the difference between |
---|
| 2806 | + | 15 the amount of employee and employer contributions transferred |
---|
| 2807 | + | 16 to the System under Section 5-236, and the amounts that would |
---|
| 2808 | + | 17 have been contributed had such contributions been made at the |
---|
| 2809 | + | 18 rates applicable to State policemen, plus (ii) interest |
---|
| 2810 | + | 19 thereon at the effective rate for each year, compounded |
---|
| 2811 | + | 20 annually, from the date of service to the date of payment. |
---|
| 2812 | + | 21 Subject to the limitation in subsection (i), a State |
---|
| 2813 | + | 22 policeman, conservation police officer, or investigator for |
---|
| 2814 | + | 23 the Secretary of State may elect to establish eligible |
---|
| 2815 | + | 24 creditable service for up to 10 years of service as a sheriff's |
---|
| 2816 | + | 25 law enforcement employee under Article 7, by filing a written |
---|
| 2817 | + | 26 election with the Board on or before January 31, 1993, and |
---|
| 2818 | + | |
---|
| 2819 | + | |
---|
| 2820 | + | |
---|
| 2821 | + | |
---|
| 2822 | + | |
---|
| 2823 | + | HB2412 Enrolled - 79 - LRB103 05885 RLC 56341 b |
---|
| 2824 | + | |
---|
| 2825 | + | |
---|
| 2826 | + | HB2412 Enrolled- 80 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 80 - LRB103 05885 RLC 56341 b |
---|
| 2827 | + | HB2412 Enrolled - 80 - LRB103 05885 RLC 56341 b |
---|
| 2828 | + | 1 paying to the System by January 31, 1994 an amount to be |
---|
| 2829 | + | 2 determined by the Board, equal to (i) the difference between |
---|
| 2830 | + | 3 the amount of employee and employer contributions transferred |
---|
| 2831 | + | 4 to the System under Section 7-139.7, and the amounts that |
---|
| 2832 | + | 5 would have been contributed had such contributions been made |
---|
| 2833 | + | 6 at the rates applicable to State policemen, plus (ii) interest |
---|
| 2834 | + | 7 thereon at the effective rate for each year, compounded |
---|
| 2835 | + | 8 annually, from the date of service to the date of payment. |
---|
| 2836 | + | 9 Subject to the limitation in subsection (i), a State |
---|
| 2837 | + | 10 policeman, conservation police officer, or investigator for |
---|
| 2838 | + | 11 the Secretary of State may elect to establish eligible |
---|
| 2839 | + | 12 creditable service for up to 5 years of service as a police |
---|
| 2840 | + | 13 officer under Article 3, a policeman under Article 5, a |
---|
| 2841 | + | 14 sheriff's law enforcement employee under Article 7, a member |
---|
| 2842 | + | 15 of the county police department under Article 9, or a police |
---|
| 2843 | + | 16 officer under Article 15 by filing a written election with the |
---|
| 2844 | + | 17 Board and paying to the System an amount to be determined by |
---|
| 2845 | + | 18 the Board, equal to (i) the difference between the amount of |
---|
| 2846 | + | 19 employee and employer contributions transferred to the System |
---|
| 2847 | + | 20 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
---|
| 2848 | + | 21 and the amounts that would have been contributed had such |
---|
| 2849 | + | 22 contributions been made at the rates applicable to State |
---|
| 2850 | + | 23 policemen, plus (ii) interest thereon at the effective rate |
---|
| 2851 | + | 24 for each year, compounded annually, from the date of service |
---|
| 2852 | + | 25 to the date of payment. |
---|
| 2853 | + | 26 Subject to the limitation in subsection (i), an |
---|
| 2854 | + | |
---|
| 2855 | + | |
---|
| 2856 | + | |
---|
| 2857 | + | |
---|
| 2858 | + | |
---|
| 2859 | + | HB2412 Enrolled - 80 - LRB103 05885 RLC 56341 b |
---|
| 2860 | + | |
---|
| 2861 | + | |
---|
| 2862 | + | HB2412 Enrolled- 81 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 81 - LRB103 05885 RLC 56341 b |
---|
| 2863 | + | HB2412 Enrolled - 81 - LRB103 05885 RLC 56341 b |
---|
| 2864 | + | 1 investigator for the Office of the Attorney General, or an |
---|
| 2865 | + | 2 investigator for the Department of Revenue, may elect to |
---|
| 2866 | + | 3 establish eligible creditable service for up to 5 years of |
---|
| 2867 | + | 4 service as a police officer under Article 3, a policeman under |
---|
| 2868 | + | 5 Article 5, a sheriff's law enforcement employee under Article |
---|
| 2869 | + | 6 7, or a member of the county police department under Article 9 |
---|
| 2870 | + | 7 by filing a written election with the Board within 6 months |
---|
| 2871 | + | 8 after August 25, 2009 (the effective date of Public Act |
---|
| 2872 | + | 9 96-745) and paying to the System an amount to be determined by |
---|
| 2873 | + | 10 the Board, equal to (i) the difference between the amount of |
---|
| 2874 | + | 11 employee and employer contributions transferred to the System |
---|
| 2875 | + | 12 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
---|
| 2876 | + | 13 amounts that would have been contributed had such |
---|
| 2877 | + | 14 contributions been made at the rates applicable to State |
---|
| 2878 | + | 15 policemen, plus (ii) interest thereon at the actuarially |
---|
| 2879 | + | 16 assumed rate for each year, compounded annually, from the date |
---|
| 2880 | + | 17 of service to the date of payment. |
---|
| 2881 | + | 18 Subject to the limitation in subsection (i), a State |
---|
| 2882 | + | 19 policeman, conservation police officer, investigator for the |
---|
| 2883 | + | 20 Office of the Attorney General, an investigator for the |
---|
| 2884 | + | 21 Department of Revenue, or investigator for the Secretary of |
---|
| 2885 | + | 22 State may elect to establish eligible creditable service for |
---|
| 2886 | + | 23 up to 5 years of service as a person employed by a |
---|
| 2887 | + | 24 participating municipality to perform police duties, or law |
---|
| 2888 | + | 25 enforcement officer employed on a full-time basis by a forest |
---|
| 2889 | + | 26 preserve district under Article 7, a county corrections |
---|
| 2890 | + | |
---|
| 2891 | + | |
---|
| 2892 | + | |
---|
| 2893 | + | |
---|
| 2894 | + | |
---|
| 2895 | + | HB2412 Enrolled - 81 - LRB103 05885 RLC 56341 b |
---|
| 2896 | + | |
---|
| 2897 | + | |
---|
| 2898 | + | HB2412 Enrolled- 82 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 82 - LRB103 05885 RLC 56341 b |
---|
| 2899 | + | HB2412 Enrolled - 82 - LRB103 05885 RLC 56341 b |
---|
| 2900 | + | 1 officer, or a court services officer under Article 9, by |
---|
| 2901 | + | 2 filing a written election with the Board within 6 months after |
---|
| 2902 | + | 3 August 25, 2009 (the effective date of Public Act 96-745) and |
---|
| 2903 | + | 4 paying to the System an amount to be determined by the Board, |
---|
| 2904 | + | 5 equal to (i) the difference between the amount of employee and |
---|
| 2905 | + | 6 employer contributions transferred to the System under |
---|
| 2906 | + | 7 Sections 7-139.8 and 9-121.10 and the amounts that would have |
---|
| 2907 | + | 8 been contributed had such contributions been made at the rates |
---|
| 2908 | + | 9 applicable to State policemen, plus (ii) interest thereon at |
---|
| 2909 | + | 10 the actuarially assumed rate for each year, compounded |
---|
| 2910 | + | 11 annually, from the date of service to the date of payment. |
---|
| 2911 | + | 12 Subject to the limitation in subsection (i), a State |
---|
| 2912 | + | 13 policeman, arson investigator, or Commerce Commission police |
---|
| 2913 | + | 14 officer may elect to establish eligible creditable service for |
---|
| 2914 | + | 15 up to 5 years of service as a person employed by a |
---|
| 2915 | + | 16 participating municipality to perform police duties under |
---|
| 2916 | + | 17 Article 7, a county corrections officer, a court services |
---|
| 2917 | + | 18 officer under Article 9, or a firefighter under Article 4 by |
---|
| 2918 | + | 19 filing a written election with the Board within 6 months after |
---|
| 2919 | + | 20 July 30, 2021 (the effective date of Public Act 102-210) and |
---|
| 2920 | + | 21 paying to the System an amount to be determined by the Board |
---|
| 2921 | + | 22 equal to (i) the difference between the amount of employee and |
---|
| 2922 | + | 23 employer contributions transferred to the System under |
---|
| 2923 | + | 24 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that |
---|
| 2924 | + | 25 would have been contributed had such contributions been made |
---|
| 2925 | + | 26 at the rates applicable to State policemen, plus (ii) interest |
---|
| 2926 | + | |
---|
| 2927 | + | |
---|
| 2928 | + | |
---|
| 2929 | + | |
---|
| 2930 | + | |
---|
| 2931 | + | HB2412 Enrolled - 82 - LRB103 05885 RLC 56341 b |
---|
| 2932 | + | |
---|
| 2933 | + | |
---|
| 2934 | + | HB2412 Enrolled- 83 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 83 - LRB103 05885 RLC 56341 b |
---|
| 2935 | + | HB2412 Enrolled - 83 - LRB103 05885 RLC 56341 b |
---|
| 2936 | + | 1 thereon at the actuarially assumed rate for each year, |
---|
| 2937 | + | 2 compounded annually, from the date of service to the date of |
---|
| 2938 | + | 3 payment. |
---|
| 2939 | + | 4 Subject to the limitation in subsection (i), a |
---|
| 2940 | + | 5 conservation police officer may elect to establish eligible |
---|
| 2941 | + | 6 creditable service for up to 5 years of service as a person |
---|
| 2942 | + | 7 employed by a participating municipality to perform police |
---|
| 2943 | + | 8 duties under Article 7, a county corrections officer, or a |
---|
| 2944 | + | 9 court services officer under Article 9 by filing a written |
---|
| 2945 | + | 10 election with the Board within 6 months after July 30, 2021 |
---|
| 2946 | + | 11 (the effective date of Public Act 102-210) and paying to the |
---|
| 2947 | + | 12 System an amount to be determined by the Board equal to (i) the |
---|
| 2948 | + | 13 difference between the amount of employee and employer |
---|
| 2949 | + | 14 contributions transferred to the System under Sections 7-139.8 |
---|
| 2950 | + | 15 and 9-121.10 and the amounts that would have been contributed |
---|
| 2951 | + | 16 had such contributions been made at the rates applicable to |
---|
| 2952 | + | 17 State policemen, plus (ii) interest thereon at the actuarially |
---|
| 2953 | + | 18 assumed rate for each year, compounded annually, from the date |
---|
| 2954 | + | 19 of service to the date of payment. |
---|
| 2955 | + | 20 Notwithstanding the limitation in subsection (i), a State |
---|
| 2956 | + | 21 policeman or conservation police officer may elect to convert |
---|
| 2957 | + | 22 service credit earned under this Article to eligible |
---|
| 2958 | + | 23 creditable service, as defined by this Section, by filing a |
---|
| 2959 | + | 24 written election with the board within 6 months after July 30, |
---|
| 2960 | + | 25 2021 (the effective date of Public Act 102-210) and paying to |
---|
| 2961 | + | 26 the System an amount to be determined by the Board equal to (i) |
---|
| 2962 | + | |
---|
| 2963 | + | |
---|
| 2964 | + | |
---|
| 2965 | + | |
---|
| 2966 | + | |
---|
| 2967 | + | HB2412 Enrolled - 83 - LRB103 05885 RLC 56341 b |
---|
| 2968 | + | |
---|
| 2969 | + | |
---|
| 2970 | + | HB2412 Enrolled- 84 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 84 - LRB103 05885 RLC 56341 b |
---|
| 2971 | + | HB2412 Enrolled - 84 - LRB103 05885 RLC 56341 b |
---|
| 2972 | + | 1 the difference between the amount of employee contributions |
---|
| 2973 | + | 2 originally paid for that service and the amounts that would |
---|
| 2974 | + | 3 have been contributed had such contributions been made at the |
---|
| 2975 | + | 4 rates applicable to State policemen, plus (ii) the difference |
---|
| 2976 | + | 5 between the employer's normal cost of the credit prior to the |
---|
| 2977 | + | 6 conversion authorized by Public Act 102-210 and the employer's |
---|
| 2978 | + | 7 normal cost of the credit converted in accordance with Public |
---|
| 2979 | + | 8 Act 102-210, plus (iii) interest thereon at the actuarially |
---|
| 2980 | + | 9 assumed rate for each year, compounded annually, from the date |
---|
| 2981 | + | 10 of service to the date of payment. |
---|
| 2982 | + | 11 (i) The total amount of eligible creditable service |
---|
| 2983 | + | 12 established by any person under subsections (g), (h), (j), |
---|
| 2984 | + | 13 (k), (l), (l-5), and (o) of this Section shall not exceed 12 |
---|
| 2985 | + | 14 years. |
---|
| 2986 | + | 15 (j) Subject to the limitation in subsection (i), an |
---|
| 2987 | + | 16 investigator for the Office of the State's Attorneys Appellate |
---|
| 2988 | + | 17 Prosecutor or a controlled substance inspector may elect to |
---|
| 2989 | + | 18 establish eligible creditable service for up to 10 years of |
---|
| 2990 | + | 19 his service as a policeman under Article 3 or a sheriff's law |
---|
| 2991 | + | 20 enforcement employee under Article 7, by filing a written |
---|
| 2992 | + | 21 election with the Board, accompanied by payment of an amount |
---|
| 2993 | + | 22 to be determined by the Board, equal to (1) the difference |
---|
| 2994 | + | 23 between the amount of employee and employer contributions |
---|
| 2995 | + | 24 transferred to the System under Section 3-110.6 or 7-139.8, |
---|
| 2996 | + | 25 and the amounts that would have been contributed had such |
---|
| 2997 | + | 26 contributions been made at the rates applicable to State |
---|
| 2998 | + | |
---|
| 2999 | + | |
---|
| 3000 | + | |
---|
| 3001 | + | |
---|
| 3002 | + | |
---|
| 3003 | + | HB2412 Enrolled - 84 - LRB103 05885 RLC 56341 b |
---|
| 3004 | + | |
---|
| 3005 | + | |
---|
| 3006 | + | HB2412 Enrolled- 85 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 85 - LRB103 05885 RLC 56341 b |
---|
| 3007 | + | HB2412 Enrolled - 85 - LRB103 05885 RLC 56341 b |
---|
| 3008 | + | 1 policemen, plus (2) interest thereon at the effective rate for |
---|
| 3009 | + | 2 each year, compounded annually, from the date of service to |
---|
| 3010 | + | 3 the date of payment. |
---|
| 3011 | + | 4 (k) Subject to the limitation in subsection (i) of this |
---|
| 3012 | + | 5 Section, an alternative formula employee may elect to |
---|
| 3013 | + | 6 establish eligible creditable service for periods spent as a |
---|
| 3014 | + | 7 full-time law enforcement officer or full-time corrections |
---|
| 3015 | + | 8 officer employed by the federal government or by a state or |
---|
| 3016 | + | 9 local government located outside of Illinois, for which credit |
---|
| 3017 | + | 10 is not held in any other public employee pension fund or |
---|
| 3018 | + | 11 retirement system. To obtain this credit, the applicant must |
---|
| 3019 | + | 12 file a written application with the Board by March 31, 1998, |
---|
| 3020 | + | 13 accompanied by evidence of eligibility acceptable to the Board |
---|
| 3021 | + | 14 and payment of an amount to be determined by the Board, equal |
---|
| 3022 | + | 15 to (1) employee contributions for the credit being |
---|
| 3023 | + | 16 established, based upon the applicant's salary on the first |
---|
| 3024 | + | 17 day as an alternative formula employee after the employment |
---|
| 3025 | + | 18 for which credit is being established and the rates then |
---|
| 3026 | + | 19 applicable to alternative formula employees, plus (2) an |
---|
| 3027 | + | 20 amount determined by the Board to be the employer's normal |
---|
| 3028 | + | 21 cost of the benefits accrued for the credit being established, |
---|
| 3029 | + | 22 plus (3) regular interest on the amounts in items (1) and (2) |
---|
| 3030 | + | 23 from the first day as an alternative formula employee after |
---|
| 3031 | + | 24 the employment for which credit is being established to the |
---|
| 3032 | + | 25 date of payment. |
---|
| 3033 | + | 26 (l) Subject to the limitation in subsection (i), a |
---|
| 3034 | + | |
---|
| 3035 | + | |
---|
| 3036 | + | |
---|
| 3037 | + | |
---|
| 3038 | + | |
---|
| 3039 | + | HB2412 Enrolled - 85 - LRB103 05885 RLC 56341 b |
---|
| 3040 | + | |
---|
| 3041 | + | |
---|
| 3042 | + | HB2412 Enrolled- 86 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 86 - LRB103 05885 RLC 56341 b |
---|
| 3043 | + | HB2412 Enrolled - 86 - LRB103 05885 RLC 56341 b |
---|
| 3044 | + | 1 security employee of the Department of Corrections may elect, |
---|
| 3045 | + | 2 not later than July 1, 1998, to establish eligible creditable |
---|
| 3046 | + | 3 service for up to 10 years of his or her service as a policeman |
---|
| 3047 | + | 4 under Article 3, by filing a written election with the Board, |
---|
| 3048 | + | 5 accompanied by payment of an amount to be determined by the |
---|
| 3049 | + | 6 Board, equal to (i) the difference between the amount of |
---|
| 3050 | + | 7 employee and employer contributions transferred to the System |
---|
| 3051 | + | 8 under Section 3-110.5, and the amounts that would have been |
---|
| 3052 | + | 9 contributed had such contributions been made at the rates |
---|
| 3053 | + | 10 applicable to security employees of the Department of |
---|
| 3054 | + | 11 Corrections, plus (ii) interest thereon at the effective rate |
---|
| 3055 | + | 12 for each year, compounded annually, from the date of service |
---|
| 3056 | + | 13 to the date of payment. |
---|
| 3057 | + | 14 (l-5) Subject to the limitation in subsection (i) of this |
---|
| 3058 | + | 15 Section, a State policeman may elect to establish eligible |
---|
| 3059 | + | 16 creditable service for up to 5 years of service as a full-time |
---|
| 3060 | + | 17 law enforcement officer employed by the federal government or |
---|
| 3061 | + | 18 by a state or local government located outside of Illinois for |
---|
| 3062 | + | 19 which credit is not held in any other public employee pension |
---|
| 3063 | + | 20 fund or retirement system. To obtain this credit, the |
---|
| 3064 | + | 21 applicant must file a written application with the Board no |
---|
| 3065 | + | 22 later than 3 years after January 1, 2020 (the effective date of |
---|
| 3066 | + | 23 Public Act 101-610), accompanied by evidence of eligibility |
---|
| 3067 | + | 24 acceptable to the Board and payment of an amount to be |
---|
| 3068 | + | 25 determined by the Board, equal to (1) employee contributions |
---|
| 3069 | + | 26 for the credit being established, based upon the applicant's |
---|
| 3070 | + | |
---|
| 3071 | + | |
---|
| 3072 | + | |
---|
| 3073 | + | |
---|
| 3074 | + | |
---|
| 3075 | + | HB2412 Enrolled - 86 - LRB103 05885 RLC 56341 b |
---|
| 3076 | + | |
---|
| 3077 | + | |
---|
| 3078 | + | HB2412 Enrolled- 87 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 87 - LRB103 05885 RLC 56341 b |
---|
| 3079 | + | HB2412 Enrolled - 87 - LRB103 05885 RLC 56341 b |
---|
| 3080 | + | 1 salary on the first day as an alternative formula employee |
---|
| 3081 | + | 2 after the employment for which credit is being established and |
---|
| 3082 | + | 3 the rates then applicable to alternative formula employees, |
---|
| 3083 | + | 4 plus (2) an amount determined by the Board to be the employer's |
---|
| 3084 | + | 5 normal cost of the benefits accrued for the credit being |
---|
| 3085 | + | 6 established, plus (3) regular interest on the amounts in items |
---|
| 3086 | + | 7 (1) and (2) from the first day as an alternative formula |
---|
| 3087 | + | 8 employee after the employment for which credit is being |
---|
| 3088 | + | 9 established to the date of payment. |
---|
| 3089 | + | 10 (m) The amendatory changes to this Section made by Public |
---|
| 3090 | + | 11 Act 94-696 apply only to: (1) security employees of the |
---|
| 3091 | + | 12 Department of Juvenile Justice employed by the Department of |
---|
| 3092 | + | 13 Corrections before June 1, 2006 (the effective date of Public |
---|
| 3093 | + | 14 Act 94-696) and transferred to the Department of Juvenile |
---|
| 3094 | + | 15 Justice by Public Act 94-696; and (2) persons employed by the |
---|
| 3095 | + | 16 Department of Juvenile Justice on or after June 1, 2006 (the |
---|
| 3096 | + | 17 effective date of Public Act 94-696) who are required by |
---|
| 3097 | + | 18 subsection (b) of Section 3-2.5-15 of the Unified Code of |
---|
| 3098 | + | 19 Corrections to have any bachelor's or advanced degree from an |
---|
| 3099 | + | 20 accredited college or university or, in the case of persons |
---|
| 3100 | + | 21 who provide vocational training, who are required to have |
---|
| 3101 | + | 22 adequate knowledge in the skill for which they are providing |
---|
| 3102 | + | 23 the vocational training. |
---|
| 3103 | + | 24 (n) A person employed in a position under subsection (b) |
---|
| 3104 | + | 25 of this Section who has purchased service credit under |
---|
| 3105 | + | 26 subsection (j) of Section 14-104 or subsection (b) of Section |
---|
| 3106 | + | |
---|
| 3107 | + | |
---|
| 3108 | + | |
---|
| 3109 | + | |
---|
| 3110 | + | |
---|
| 3111 | + | HB2412 Enrolled - 87 - LRB103 05885 RLC 56341 b |
---|
| 3112 | + | |
---|
| 3113 | + | |
---|
| 3114 | + | HB2412 Enrolled- 88 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 88 - LRB103 05885 RLC 56341 b |
---|
| 3115 | + | HB2412 Enrolled - 88 - LRB103 05885 RLC 56341 b |
---|
| 3116 | + | 1 14-105 in any other capacity under this Article may convert up |
---|
| 3117 | + | 2 to 5 years of that service credit into service credit covered |
---|
| 3118 | + | 3 under this Section by paying to the Fund an amount equal to (1) |
---|
| 3119 | + | 4 the additional employee contribution required under Section |
---|
| 3120 | + | 5 14-133, plus (2) the additional employer contribution required |
---|
| 3121 | + | 6 under Section 14-131, plus (3) interest on items (1) and (2) at |
---|
| 3122 | + | 7 the actuarially assumed rate from the date of the service to |
---|
| 3123 | + | 8 the date of payment. |
---|
| 3124 | + | 9 (o) Subject to the limitation in subsection (i), a |
---|
| 3125 | + | 10 conservation police officer, investigator for the Secretary of |
---|
| 3126 | + | 11 State, Commerce Commission police officer, investigator for |
---|
| 3127 | + | 12 the Department of Revenue or the Illinois Gaming Board, or |
---|
| 3128 | + | 13 arson investigator subject to subsection (g) of Section 1-160 |
---|
| 3129 | + | 14 may elect to convert up to 8 years of service credit |
---|
| 3130 | + | 15 established before January 1, 2020 (the effective date of |
---|
| 3131 | + | 16 Public Act 101-610) as a conservation police officer, |
---|
| 3132 | + | 17 investigator for the Secretary of State, Commerce Commission |
---|
| 3133 | + | 18 police officer, investigator for the Department of Revenue or |
---|
| 3134 | + | 19 the Illinois Gaming Board, or arson investigator under this |
---|
| 3135 | + | 20 Article into eligible creditable service by filing a written |
---|
| 3136 | + | 21 election with the Board no later than one year after January 1, |
---|
| 3137 | + | 22 2020 (the effective date of Public Act 101-610), accompanied |
---|
| 3138 | + | 23 by payment of an amount to be determined by the Board equal to |
---|
| 3139 | + | 24 (i) the difference between the amount of the employee |
---|
| 3140 | + | 25 contributions actually paid for that service and the amount of |
---|
| 3141 | + | 26 the employee contributions that would have been paid had the |
---|
| 3142 | + | |
---|
| 3143 | + | |
---|
| 3144 | + | |
---|
| 3145 | + | |
---|
| 3146 | + | |
---|
| 3147 | + | HB2412 Enrolled - 88 - LRB103 05885 RLC 56341 b |
---|
| 3148 | + | |
---|
| 3149 | + | |
---|
| 3150 | + | HB2412 Enrolled- 89 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 89 - LRB103 05885 RLC 56341 b |
---|
| 3151 | + | HB2412 Enrolled - 89 - LRB103 05885 RLC 56341 b |
---|
| 3152 | + | 1 employee contributions been made as a noncovered employee |
---|
| 3153 | + | 2 serving in a position in which eligible creditable service, as |
---|
| 3154 | + | 3 defined in this Section, may be earned, plus (ii) interest |
---|
| 3155 | + | 4 thereon at the effective rate for each year, compounded |
---|
| 3156 | + | 5 annually, from the date of service to the date of payment. |
---|
| 3157 | + | 6 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
---|
| 3158 | + | 7 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
---|
| 3159 | + | 8 (Text of Section from P.A. 102-856) |
---|
| 3160 | + | 9 Sec. 14-110. Alternative retirement annuity. |
---|
| 3161 | + | 10 (a) Any member who has withdrawn from service with not |
---|
| 3162 | + | 11 less than 20 years of eligible creditable service and has |
---|
| 3163 | + | 12 attained age 55, and any member who has withdrawn from service |
---|
| 3164 | + | 13 with not less than 25 years of eligible creditable service and |
---|
| 3165 | + | 14 has attained age 50, regardless of whether the attainment of |
---|
| 3166 | + | 15 either of the specified ages occurs while the member is still |
---|
| 3167 | + | 16 in service, shall be entitled to receive at the option of the |
---|
| 3168 | + | 17 member, in lieu of the regular or minimum retirement annuity, |
---|
| 3169 | + | 18 a retirement annuity computed as follows: |
---|
| 3170 | + | 19 (i) for periods of service as a noncovered employee: |
---|
| 3171 | + | 20 if retirement occurs on or after January 1, 2001, 3% of |
---|
| 3172 | + | 21 final average compensation for each year of creditable |
---|
| 3173 | + | 22 service; if retirement occurs before January 1, 2001, 2 |
---|
| 3174 | + | 23 1/4% of final average compensation for each of the first |
---|
| 3175 | + | 24 10 years of creditable service, 2 1/2% for each year above |
---|
| 3176 | + | 25 10 years to and including 20 years of creditable service, |
---|
| 3177 | + | |
---|
| 3178 | + | |
---|
| 3179 | + | |
---|
| 3180 | + | |
---|
| 3181 | + | |
---|
| 3182 | + | HB2412 Enrolled - 89 - LRB103 05885 RLC 56341 b |
---|
| 3183 | + | |
---|
| 3184 | + | |
---|
| 3185 | + | HB2412 Enrolled- 90 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 90 - LRB103 05885 RLC 56341 b |
---|
| 3186 | + | HB2412 Enrolled - 90 - LRB103 05885 RLC 56341 b |
---|
| 3187 | + | 1 and 2 3/4% for each year of creditable service above 20 |
---|
| 3188 | + | 2 years; and |
---|
| 3189 | + | 3 (ii) for periods of eligible creditable service as a |
---|
| 3190 | + | 4 covered employee: if retirement occurs on or after January |
---|
| 3191 | + | 5 1, 2001, 2.5% of final average compensation for each year |
---|
| 3192 | + | 6 of creditable service; if retirement occurs before January |
---|
| 3193 | + | 7 1, 2001, 1.67% of final average compensation for each of |
---|
| 3194 | + | 8 the first 10 years of such service, 1.90% for each of the |
---|
| 3195 | + | 9 next 10 years of such service, 2.10% for each year of such |
---|
| 3196 | + | 10 service in excess of 20 but not exceeding 30, and 2.30% for |
---|
| 3197 | + | 11 each year in excess of 30. |
---|
| 3198 | + | 12 Such annuity shall be subject to a maximum of 75% of final |
---|
| 3199 | + | 13 average compensation if retirement occurs before January 1, |
---|
| 3200 | + | 14 2001 or to a maximum of 80% of final average compensation if |
---|
| 3201 | + | 15 retirement occurs on or after January 1, 2001. |
---|
| 3202 | + | 16 These rates shall not be applicable to any service |
---|
| 3203 | + | 17 performed by a member as a covered employee which is not |
---|
| 3204 | + | 18 eligible creditable service. Service as a covered employee |
---|
| 3205 | + | 19 which is not eligible creditable service shall be subject to |
---|
| 3206 | + | 20 the rates and provisions of Section 14-108. |
---|
| 3207 | + | 21 (b) For the purpose of this Section, "eligible creditable |
---|
| 3208 | + | 22 service" means creditable service resulting from service in |
---|
| 3209 | + | 23 one or more of the following positions: |
---|
| 3210 | + | 24 (1) State policeman; |
---|
| 3211 | + | 25 (2) fire fighter in the fire protection service of a |
---|
| 3212 | + | 26 department; |
---|
| 3213 | + | |
---|
| 3214 | + | |
---|
| 3215 | + | |
---|
| 3216 | + | |
---|
| 3217 | + | |
---|
| 3218 | + | HB2412 Enrolled - 90 - LRB103 05885 RLC 56341 b |
---|
| 3219 | + | |
---|
| 3220 | + | |
---|
| 3221 | + | HB2412 Enrolled- 91 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 91 - LRB103 05885 RLC 56341 b |
---|
| 3222 | + | HB2412 Enrolled - 91 - LRB103 05885 RLC 56341 b |
---|
| 3223 | + | 1 (3) air pilot; |
---|
| 3224 | + | 2 (4) special agent; |
---|
| 3225 | + | 3 (5) investigator for the Secretary of State; |
---|
| 3226 | + | 4 (6) conservation police officer; |
---|
| 3227 | + | 5 (7) investigator for the Department of Revenue or the |
---|
| 3228 | + | 6 Illinois Gaming Board; |
---|
| 3229 | + | 7 (8) security employee of the Department of Human |
---|
| 3230 | + | 8 Services; |
---|
| 3231 | + | 9 (9) Central Management Services security police |
---|
| 3232 | + | 10 officer; |
---|
| 3233 | + | 11 (10) security employee of the Department of |
---|
| 3234 | + | 12 Corrections or the Department of Juvenile Justice; |
---|
| 3235 | + | 13 (11) dangerous drugs investigator; |
---|
| 3236 | + | 14 (12) investigator for the Illinois State Police; |
---|
| 3237 | + | 15 (13) investigator for the Office of the Attorney |
---|
| 3238 | + | 16 General; |
---|
| 3239 | + | 17 (14) controlled substance inspector; |
---|
| 3240 | + | 18 (15) investigator for the Office of the State's |
---|
| 3241 | + | 19 Attorneys Appellate Prosecutor; |
---|
| 3242 | + | 20 (16) Commerce Commission police officer; |
---|
| 3243 | + | 21 (17) arson investigator; |
---|
| 3244 | + | 22 (18) State highway maintenance worker; |
---|
| 3245 | + | 23 (19) security employee of the Department of Innovation |
---|
| 3246 | + | 24 and Technology; or |
---|
| 3247 | + | 25 (20) transferred employee. |
---|
| 3248 | + | 26 A person employed in one of the positions specified in |
---|
| 3249 | + | |
---|
| 3250 | + | |
---|
| 3251 | + | |
---|
| 3252 | + | |
---|
| 3253 | + | |
---|
| 3254 | + | HB2412 Enrolled - 91 - LRB103 05885 RLC 56341 b |
---|
| 3255 | + | |
---|
| 3256 | + | |
---|
| 3257 | + | HB2412 Enrolled- 92 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 92 - LRB103 05885 RLC 56341 b |
---|
| 3258 | + | HB2412 Enrolled - 92 - LRB103 05885 RLC 56341 b |
---|
| 3259 | + | 1 this subsection is entitled to eligible creditable service for |
---|
| 3260 | + | 2 service credit earned under this Article while undergoing the |
---|
| 3261 | + | 3 basic police training course approved by the Illinois Law |
---|
| 3262 | + | 4 Enforcement Training Standards Board, if completion of that |
---|
| 3263 | + | 5 training is required of persons serving in that position. For |
---|
| 3264 | + | 6 the purposes of this Code, service during the required basic |
---|
| 3265 | + | 7 police training course shall be deemed performance of the |
---|
| 3266 | + | 8 duties of the specified position, even though the person is |
---|
| 3267 | + | 9 not a sworn peace officer at the time of the training. |
---|
| 3268 | + | 10 A person under paragraph (20) is entitled to eligible |
---|
| 3269 | + | 11 creditable service for service credit earned under this |
---|
| 3270 | + | 12 Article on and after his or her transfer by Executive Order No. |
---|
| 3271 | + | 13 2003-10, Executive Order No. 2004-2, or Executive Order No. |
---|
| 3272 | + | 14 2016-1. |
---|
| 3273 | + | 15 (c) For the purposes of this Section: |
---|
| 3274 | + | 16 (1) The term "State policeman" includes any title or |
---|
| 3275 | + | 17 position in the Illinois State Police that is held by an |
---|
| 3276 | + | 18 individual employed under the Illinois State Police Act. |
---|
| 3277 | + | 19 (2) The term "fire fighter in the fire protection |
---|
| 3278 | + | 20 service of a department" includes all officers in such |
---|
| 3279 | + | 21 fire protection service including fire chiefs and |
---|
| 3280 | + | 22 assistant fire chiefs. |
---|
| 3281 | + | 23 (3) The term "air pilot" includes any employee whose |
---|
| 3282 | + | 24 official job description on file in the Department of |
---|
| 3283 | + | 25 Central Management Services, or in the department by which |
---|
| 3284 | + | 26 he is employed if that department is not covered by the |
---|
| 3285 | + | |
---|
| 3286 | + | |
---|
| 3287 | + | |
---|
| 3288 | + | |
---|
| 3289 | + | |
---|
| 3290 | + | HB2412 Enrolled - 92 - LRB103 05885 RLC 56341 b |
---|
| 3291 | + | |
---|
| 3292 | + | |
---|
| 3293 | + | HB2412 Enrolled- 93 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 93 - LRB103 05885 RLC 56341 b |
---|
| 3294 | + | HB2412 Enrolled - 93 - LRB103 05885 RLC 56341 b |
---|
| 3295 | + | 1 Personnel Code, states that his principal duty is the |
---|
| 3296 | + | 2 operation of aircraft, and who possesses a pilot's |
---|
| 3297 | + | 3 license; however, the change in this definition made by |
---|
| 3298 | + | 4 Public Act 83-842 shall not operate to exclude any |
---|
| 3299 | + | 5 noncovered employee who was an "air pilot" for the |
---|
| 3300 | + | 6 purposes of this Section on January 1, 1984. |
---|
| 3301 | + | 7 (4) The term "special agent" means any person who by |
---|
| 3302 | + | 8 reason of employment by the Division of Narcotic Control, |
---|
| 3303 | + | 9 the Bureau of Investigation or, after July 1, 1977, the |
---|
| 3304 | + | 10 Division of Criminal Investigation, the Division of |
---|
| 3305 | + | 11 Internal Investigation, the Division of Operations, the |
---|
| 3306 | + | 12 Division of Patrol Operations, or any other Division or |
---|
| 3307 | + | 13 organizational entity in the Illinois State Police is |
---|
| 3308 | + | 14 vested by law with duties to maintain public order, |
---|
| 3309 | + | 15 investigate violations of the criminal law of this State, |
---|
| 3310 | + | 16 enforce the laws of this State, make arrests and recover |
---|
| 3311 | + | 17 property. The term "special agent" includes any title or |
---|
| 3312 | + | 18 position in the Illinois State Police that is held by an |
---|
| 3313 | + | 19 individual employed under the Illinois State Police Act. |
---|
| 3314 | + | 20 (5) The term "investigator for the Secretary of State" |
---|
| 3315 | + | 21 means any person employed by the Office of the Secretary |
---|
| 3316 | + | 22 of State and vested with such investigative duties as |
---|
| 3317 | + | 23 render him ineligible for coverage under the Social |
---|
| 3318 | + | 24 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 3319 | + | 25 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 3320 | + | 26 A person who became employed as an investigator for |
---|
| 3321 | + | |
---|
| 3322 | + | |
---|
| 3323 | + | |
---|
| 3324 | + | |
---|
| 3325 | + | |
---|
| 3326 | + | HB2412 Enrolled - 93 - LRB103 05885 RLC 56341 b |
---|
| 3327 | + | |
---|
| 3328 | + | |
---|
| 3329 | + | HB2412 Enrolled- 94 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 94 - LRB103 05885 RLC 56341 b |
---|
| 3330 | + | HB2412 Enrolled - 94 - LRB103 05885 RLC 56341 b |
---|
| 3331 | + | 1 the Secretary of State between January 1, 1967 and |
---|
| 3332 | + | 2 December 31, 1975, and who has served as such until |
---|
| 3333 | + | 3 attainment of age 60, either continuously or with a single |
---|
| 3334 | + | 4 break in service of not more than 3 years duration, which |
---|
| 3335 | + | 5 break terminated before January 1, 1976, shall be entitled |
---|
| 3336 | + | 6 to have his retirement annuity calculated in accordance |
---|
| 3337 | + | 7 with subsection (a), notwithstanding that he has less than |
---|
| 3338 | + | 8 20 years of credit for such service. |
---|
| 3339 | + | 9 (6) The term "Conservation Police Officer" means any |
---|
| 3340 | + | 10 person employed by the Division of Law Enforcement of the |
---|
| 3341 | + | 11 Department of Natural Resources and vested with such law |
---|
| 3342 | + | 12 enforcement duties as render him ineligible for coverage |
---|
| 3343 | + | 13 under the Social Security Act by reason of Sections |
---|
| 3344 | + | 14 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The |
---|
| 3345 | + | 15 term "Conservation Police Officer" includes the positions |
---|
| 3346 | + | 16 of Chief Conservation Police Administrator and Assistant |
---|
| 3347 | + | 17 Conservation Police Administrator. |
---|
| 3348 | + | 18 (7) The term "investigator for the Department of |
---|
| 3349 | + | 19 Revenue" means any person employed by the Department of |
---|
| 3350 | + | 20 Revenue and vested with such investigative duties as |
---|
| 3351 | + | 21 render him ineligible for coverage under the Social |
---|
| 3352 | + | 22 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 3353 | + | 23 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 3354 | + | 24 The term "investigator for the Illinois Gaming Board" |
---|
| 3355 | + | 25 means any person employed as such by the Illinois Gaming |
---|
| 3356 | + | 26 Board and vested with such peace officer duties as render |
---|
| 3357 | + | |
---|
| 3358 | + | |
---|
| 3359 | + | |
---|
| 3360 | + | |
---|
| 3361 | + | |
---|
| 3362 | + | HB2412 Enrolled - 94 - LRB103 05885 RLC 56341 b |
---|
| 3363 | + | |
---|
| 3364 | + | |
---|
| 3365 | + | HB2412 Enrolled- 95 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 95 - LRB103 05885 RLC 56341 b |
---|
| 3366 | + | HB2412 Enrolled - 95 - LRB103 05885 RLC 56341 b |
---|
| 3367 | + | 1 the person ineligible for coverage under the Social |
---|
| 3368 | + | 2 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 3369 | + | 3 218(d)(8)(D), and 218(l)(1) of that Act. |
---|
| 3370 | + | 4 (8) The term "security employee of the Department of |
---|
| 3371 | + | 5 Human Services" means any person employed by the |
---|
| 3372 | + | 6 Department of Human Services who (i) is employed at the |
---|
| 3373 | + | 7 Chester Mental Health Center and has daily contact with |
---|
| 3374 | + | 8 the residents thereof, (ii) is employed within a security |
---|
| 3375 | + | 9 unit at a facility operated by the Department and has |
---|
| 3376 | + | 10 daily contact with the residents of the security unit, |
---|
| 3377 | + | 11 (iii) is employed at a facility operated by the Department |
---|
| 3378 | + | 12 that includes a security unit and is regularly scheduled |
---|
| 3379 | + | 13 to work at least 50% of his or her working hours within |
---|
| 3380 | + | 14 that security unit, or (iv) is a mental health police |
---|
| 3381 | + | 15 officer. "Mental health police officer" means any person |
---|
| 3382 | + | 16 employed by the Department of Human Services in a position |
---|
| 3383 | + | 17 pertaining to the Department's mental health and |
---|
| 3384 | + | 18 developmental disabilities functions who is vested with |
---|
| 3385 | + | 19 such law enforcement duties as render the person |
---|
| 3386 | + | 20 ineligible for coverage under the Social Security Act by |
---|
| 3387 | + | 21 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
---|
| 3388 | + | 22 218(l)(1) of that Act. "Security unit" means that portion |
---|
| 3389 | + | 23 of a facility that is devoted to the care, containment, |
---|
| 3390 | + | 24 and treatment of persons committed to the Department of |
---|
| 3391 | + | 25 Human Services as sexually violent persons, persons unfit |
---|
| 3392 | + | 26 to stand trial, or persons not guilty by reason of |
---|
| 3393 | + | |
---|
| 3394 | + | |
---|
| 3395 | + | |
---|
| 3396 | + | |
---|
| 3397 | + | |
---|
| 3398 | + | HB2412 Enrolled - 95 - LRB103 05885 RLC 56341 b |
---|
| 3399 | + | |
---|
| 3400 | + | |
---|
| 3401 | + | HB2412 Enrolled- 96 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 96 - LRB103 05885 RLC 56341 b |
---|
| 3402 | + | HB2412 Enrolled - 96 - LRB103 05885 RLC 56341 b |
---|
| 3403 | + | 1 insanity. With respect to past employment, references to |
---|
| 3404 | + | 2 the Department of Human Services include its predecessor, |
---|
| 3405 | + | 3 the Department of Mental Health and Developmental |
---|
| 3406 | + | 4 Disabilities. |
---|
| 3407 | + | 5 The changes made to this subdivision (c)(8) by Public |
---|
| 3408 | + | 6 Act 92-14 apply to persons who retire on or after January |
---|
| 3409 | + | 7 1, 2001, notwithstanding Section 1-103.1. |
---|
| 3410 | + | 8 (9) "Central Management Services security police |
---|
| 3411 | + | 9 officer" means any person employed by the Department of |
---|
| 3412 | + | 10 Central Management Services who is vested with such law |
---|
| 3413 | + | 11 enforcement duties as render him ineligible for coverage |
---|
| 3414 | + | 12 under the Social Security Act by reason of Sections |
---|
| 3415 | + | 13 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 3416 | + | 14 (10) For a member who first became an employee under |
---|
| 3417 | + | 15 this Article before July 1, 2005, the term "security |
---|
| 3418 | + | 16 employee of the Department of Corrections or the |
---|
| 3419 | + | 17 Department of Juvenile Justice" means any employee of the |
---|
| 3420 | + | 18 Department of Corrections or the Department of Juvenile |
---|
| 3421 | + | 19 Justice or the former Department of Personnel, and any |
---|
| 3422 | + | 20 member or employee of the Prisoner Review Board, who has |
---|
| 3423 | + | 21 daily contact with inmates or youth by working within a |
---|
| 3424 | + | 22 correctional facility or Juvenile facility operated by the |
---|
| 3425 | + | 23 Department of Juvenile Justice or who is a parole officer |
---|
| 3426 | + | 24 or an employee who has direct contact with committed |
---|
| 3427 | + | 25 persons in the performance of his or her job duties. For a |
---|
| 3428 | + | 26 member who first becomes an employee under this Article on |
---|
| 3429 | + | |
---|
| 3430 | + | |
---|
| 3431 | + | |
---|
| 3432 | + | |
---|
| 3433 | + | |
---|
| 3434 | + | HB2412 Enrolled - 96 - LRB103 05885 RLC 56341 b |
---|
| 3435 | + | |
---|
| 3436 | + | |
---|
| 3437 | + | HB2412 Enrolled- 97 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 97 - LRB103 05885 RLC 56341 b |
---|
| 3438 | + | HB2412 Enrolled - 97 - LRB103 05885 RLC 56341 b |
---|
| 3439 | + | 1 or after July 1, 2005, the term means an employee of the |
---|
| 3440 | + | 2 Department of Corrections or the Department of Juvenile |
---|
| 3441 | + | 3 Justice who is any of the following: (i) officially |
---|
| 3442 | + | 4 headquartered at a correctional facility or Juvenile |
---|
| 3443 | + | 5 facility operated by the Department of Juvenile Justice, |
---|
| 3444 | + | 6 (ii) a parole officer, (iii) a member of the apprehension |
---|
| 3445 | + | 7 unit, (iv) a member of the intelligence unit, (v) a member |
---|
| 3446 | + | 8 of the sort team, or (vi) an investigator. |
---|
| 3447 | + | 9 (11) The term "dangerous drugs investigator" means any |
---|
| 3448 | + | 10 person who is employed as such by the Department of Human |
---|
| 3449 | + | 11 Services. |
---|
| 3450 | + | 12 (12) The term "investigator for the Illinois State |
---|
| 3451 | + | 13 Police" means a person employed by the Illinois State |
---|
| 3452 | + | 14 Police who is vested under Section 4 of the Narcotic |
---|
| 3453 | + | 15 Control Division Abolition Act with such law enforcement |
---|
| 3454 | + | 16 powers as render him ineligible for coverage under the |
---|
| 3455 | + | 17 Social Security Act by reason of Sections 218(d)(5)(A), |
---|
| 3456 | + | 18 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 3457 | + | 19 (13) "Investigator for the Office of the Attorney |
---|
| 3458 | + | 20 General" means any person who is employed as such by the |
---|
| 3459 | + | 21 Office of the Attorney General and is vested with such |
---|
| 3460 | + | 22 investigative duties as render him ineligible for coverage |
---|
| 3461 | + | 23 under the Social Security Act by reason of Sections |
---|
| 3462 | + | 24 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For |
---|
| 3463 | + | 25 the period before January 1, 1989, the term includes all |
---|
| 3464 | + | 26 persons who were employed as investigators by the Office |
---|
| 3465 | + | |
---|
| 3466 | + | |
---|
| 3467 | + | |
---|
| 3468 | + | |
---|
| 3469 | + | |
---|
| 3470 | + | HB2412 Enrolled - 97 - LRB103 05885 RLC 56341 b |
---|
| 3471 | + | |
---|
| 3472 | + | |
---|
| 3473 | + | HB2412 Enrolled- 98 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 98 - LRB103 05885 RLC 56341 b |
---|
| 3474 | + | HB2412 Enrolled - 98 - LRB103 05885 RLC 56341 b |
---|
| 3475 | + | 1 of the Attorney General, without regard to social security |
---|
| 3476 | + | 2 status. |
---|
| 3477 | + | 3 (14) "Controlled substance inspector" means any person |
---|
| 3478 | + | 4 who is employed as such by the Department of Professional |
---|
| 3479 | + | 5 Regulation and is vested with such law enforcement duties |
---|
| 3480 | + | 6 as render him ineligible for coverage under the Social |
---|
| 3481 | + | 7 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 3482 | + | 8 218(d)(8)(D) and 218(l)(1) of that Act. The term |
---|
| 3483 | + | 9 "controlled substance inspector" includes the Program |
---|
| 3484 | + | 10 Executive of Enforcement and the Assistant Program |
---|
| 3485 | + | 11 Executive of Enforcement. |
---|
| 3486 | + | 12 (15) The term "investigator for the Office of the |
---|
| 3487 | + | 13 State's Attorneys Appellate Prosecutor" means a person |
---|
| 3488 | + | 14 employed in that capacity on a full-time basis under the |
---|
| 3489 | + | 15 authority of Section 7.06 of the State's Attorneys |
---|
| 3490 | + | 16 Appellate Prosecutor's Act. |
---|
| 3491 | + | 17 (16) "Commerce Commission police officer" means any |
---|
| 3492 | + | 18 person employed by the Illinois Commerce Commission who is |
---|
| 3493 | + | 19 vested with such law enforcement duties as render him |
---|
| 3494 | + | 20 ineligible for coverage under the Social Security Act by |
---|
| 3495 | + | 21 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and |
---|
| 3496 | + | 22 218(l)(1) of that Act. |
---|
| 3497 | + | 23 (17) "Arson investigator" means any person who is |
---|
| 3498 | + | 24 employed as such by the Office of the State Fire Marshal |
---|
| 3499 | + | 25 and is vested with such law enforcement duties as render |
---|
| 3500 | + | 26 the person ineligible for coverage under the Social |
---|
| 3501 | + | |
---|
| 3502 | + | |
---|
| 3503 | + | |
---|
| 3504 | + | |
---|
| 3505 | + | |
---|
| 3506 | + | HB2412 Enrolled - 98 - LRB103 05885 RLC 56341 b |
---|
| 3507 | + | |
---|
| 3508 | + | |
---|
| 3509 | + | HB2412 Enrolled- 99 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 99 - LRB103 05885 RLC 56341 b |
---|
| 3510 | + | HB2412 Enrolled - 99 - LRB103 05885 RLC 56341 b |
---|
| 3511 | + | 1 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 3512 | + | 2 218(d)(8)(D), and 218(l)(1) of that Act. A person who was |
---|
| 3513 | + | 3 employed as an arson investigator on January 1, 1995 and |
---|
| 3514 | + | 4 is no longer in service but not yet receiving a retirement |
---|
| 3515 | + | 5 annuity may convert his or her creditable service for |
---|
| 3516 | + | 6 employment as an arson investigator into eligible |
---|
| 3517 | + | 7 creditable service by paying to the System the difference |
---|
| 3518 | + | 8 between the employee contributions actually paid for that |
---|
| 3519 | + | 9 service and the amounts that would have been contributed |
---|
| 3520 | + | 10 if the applicant were contributing at the rate applicable |
---|
| 3521 | + | 11 to persons with the same social security status earning |
---|
| 3522 | + | 12 eligible creditable service on the date of application. |
---|
| 3523 | + | 13 (18) The term "State highway maintenance worker" means |
---|
| 3524 | + | 14 a person who is either of the following: |
---|
| 3525 | + | 15 (i) A person employed on a full-time basis by the |
---|
| 3526 | + | 16 Illinois Department of Transportation in the position |
---|
| 3527 | + | 17 of highway maintainer, highway maintenance lead |
---|
| 3528 | + | 18 worker, highway maintenance lead/lead worker, heavy |
---|
| 3529 | + | 19 construction equipment operator, power shovel |
---|
| 3530 | + | 20 operator, or bridge mechanic; and whose principal |
---|
| 3531 | + | 21 responsibility is to perform, on the roadway, the |
---|
| 3532 | + | 22 actual maintenance necessary to keep the highways that |
---|
| 3533 | + | 23 form a part of the State highway system in serviceable |
---|
| 3534 | + | 24 condition for vehicular traffic. |
---|
| 3535 | + | 25 (ii) A person employed on a full-time basis by the |
---|
| 3536 | + | 26 Illinois State Toll Highway Authority in the position |
---|
| 3537 | + | |
---|
| 3538 | + | |
---|
| 3539 | + | |
---|
| 3540 | + | |
---|
| 3541 | + | |
---|
| 3542 | + | HB2412 Enrolled - 99 - LRB103 05885 RLC 56341 b |
---|
| 3543 | + | |
---|
| 3544 | + | |
---|
| 3545 | + | HB2412 Enrolled- 100 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 100 - LRB103 05885 RLC 56341 b |
---|
| 3546 | + | HB2412 Enrolled - 100 - LRB103 05885 RLC 56341 b |
---|
| 3547 | + | 1 of equipment operator/laborer H-4, equipment |
---|
| 3548 | + | 2 operator/laborer H-6, welder H-4, welder H-6, |
---|
| 3549 | + | 3 mechanical/electrical H-4, mechanical/electrical H-6, |
---|
| 3550 | + | 4 water/sewer H-4, water/sewer H-6, sign maker/hanger |
---|
| 3551 | + | 5 H-4, sign maker/hanger H-6, roadway lighting H-4, |
---|
| 3552 | + | 6 roadway lighting H-6, structural H-4, structural H-6, |
---|
| 3553 | + | 7 painter H-4, or painter H-6; and whose principal |
---|
| 3554 | + | 8 responsibility is to perform, on the roadway, the |
---|
| 3555 | + | 9 actual maintenance necessary to keep the Authority's |
---|
| 3556 | + | 10 tollways in serviceable condition for vehicular |
---|
| 3557 | + | 11 traffic. |
---|
| 3558 | + | 12 (19) The term "security employee of the Department of |
---|
| 3559 | + | 13 Innovation and Technology" means a person who was a |
---|
| 3560 | + | 14 security employee of the Department of Corrections or the |
---|
| 3561 | + | 15 Department of Juvenile Justice, was transferred to the |
---|
| 3562 | + | 16 Department of Innovation and Technology pursuant to |
---|
| 3563 | + | 17 Executive Order 2016-01, and continues to perform similar |
---|
| 3564 | + | 18 job functions under that Department. |
---|
| 3565 | + | 19 (20) "Transferred employee" means an employee who was |
---|
| 3566 | + | 20 transferred to the Department of Central Management |
---|
| 3567 | + | 21 Services by Executive Order No. 2003-10 or Executive Order |
---|
| 3568 | + | 22 No. 2004-2 or transferred to the Department of Innovation |
---|
| 3569 | + | 23 and Technology by Executive Order No. 2016-1, or both, and |
---|
| 3570 | + | 24 was entitled to eligible creditable service for services |
---|
| 3571 | + | 25 immediately preceding the transfer. |
---|
| 3572 | + | 26 (d) A security employee of the Department of Corrections |
---|
| 3573 | + | |
---|
| 3574 | + | |
---|
| 3575 | + | |
---|
| 3576 | + | |
---|
| 3577 | + | |
---|
| 3578 | + | HB2412 Enrolled - 100 - LRB103 05885 RLC 56341 b |
---|
| 3579 | + | |
---|
| 3580 | + | |
---|
| 3581 | + | HB2412 Enrolled- 101 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 101 - LRB103 05885 RLC 56341 b |
---|
| 3582 | + | HB2412 Enrolled - 101 - LRB103 05885 RLC 56341 b |
---|
| 3583 | + | 1 or the Department of Juvenile Justice, a security employee of |
---|
| 3584 | + | 2 the Department of Human Services who is not a mental health |
---|
| 3585 | + | 3 police officer, and a security employee of the Department of |
---|
| 3586 | + | 4 Innovation and Technology shall not be eligible for the |
---|
| 3587 | + | 5 alternative retirement annuity provided by this Section unless |
---|
| 3588 | + | 6 he or she meets the following minimum age and service |
---|
| 3589 | + | 7 requirements at the time of retirement: |
---|
| 3590 | + | 8 (i) 25 years of eligible creditable service and age |
---|
| 3591 | + | 9 55; or |
---|
| 3592 | + | 10 (ii) beginning January 1, 1987, 25 years of eligible |
---|
| 3593 | + | 11 creditable service and age 54, or 24 years of eligible |
---|
| 3594 | + | 12 creditable service and age 55; or |
---|
| 3595 | + | 13 (iii) beginning January 1, 1988, 25 years of eligible |
---|
| 3596 | + | 14 creditable service and age 53, or 23 years of eligible |
---|
| 3597 | + | 15 creditable service and age 55; or |
---|
| 3598 | + | 16 (iv) beginning January 1, 1989, 25 years of eligible |
---|
| 3599 | + | 17 creditable service and age 52, or 22 years of eligible |
---|
| 3600 | + | 18 creditable service and age 55; or |
---|
| 3601 | + | 19 (v) beginning January 1, 1990, 25 years of eligible |
---|
| 3602 | + | 20 creditable service and age 51, or 21 years of eligible |
---|
| 3603 | + | 21 creditable service and age 55; or |
---|
| 3604 | + | 22 (vi) beginning January 1, 1991, 25 years of eligible |
---|
| 3605 | + | 23 creditable service and age 50, or 20 years of eligible |
---|
| 3606 | + | 24 creditable service and age 55. |
---|
| 3607 | + | 25 Persons who have service credit under Article 16 of this |
---|
| 3608 | + | 26 Code for service as a security employee of the Department of |
---|
| 3609 | + | |
---|
| 3610 | + | |
---|
| 3611 | + | |
---|
| 3612 | + | |
---|
| 3613 | + | |
---|
| 3614 | + | HB2412 Enrolled - 101 - LRB103 05885 RLC 56341 b |
---|
| 3615 | + | |
---|
| 3616 | + | |
---|
| 3617 | + | HB2412 Enrolled- 102 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 102 - LRB103 05885 RLC 56341 b |
---|
| 3618 | + | HB2412 Enrolled - 102 - LRB103 05885 RLC 56341 b |
---|
| 3619 | + | 1 Corrections or the Department of Juvenile Justice, or the |
---|
| 3620 | + | 2 Department of Human Services in a position requiring |
---|
| 3621 | + | 3 certification as a teacher may count such service toward |
---|
| 3622 | + | 4 establishing their eligibility under the service requirements |
---|
| 3623 | + | 5 of this Section; but such service may be used only for |
---|
| 3624 | + | 6 establishing such eligibility, and not for the purpose of |
---|
| 3625 | + | 7 increasing or calculating any benefit. |
---|
| 3626 | + | 8 (e) If a member enters military service while working in a |
---|
| 3627 | + | 9 position in which eligible creditable service may be earned, |
---|
| 3628 | + | 10 and returns to State service in the same or another such |
---|
| 3629 | + | 11 position, and fulfills in all other respects the conditions |
---|
| 3630 | + | 12 prescribed in this Article for credit for military service, |
---|
| 3631 | + | 13 such military service shall be credited as eligible creditable |
---|
| 3632 | + | 14 service for the purposes of the retirement annuity prescribed |
---|
| 3633 | + | 15 in this Section. |
---|
| 3634 | + | 16 (f) For purposes of calculating retirement annuities under |
---|
| 3635 | + | 17 this Section, periods of service rendered after December 31, |
---|
| 3636 | + | 18 1968 and before October 1, 1975 as a covered employee in the |
---|
| 3637 | + | 19 position of special agent, conservation police officer, mental |
---|
| 3638 | + | 20 health police officer, or investigator for the Secretary of |
---|
| 3639 | + | 21 State, shall be deemed to have been service as a noncovered |
---|
| 3640 | + | 22 employee, provided that the employee pays to the System prior |
---|
| 3641 | + | 23 to retirement an amount equal to (1) the difference between |
---|
| 3642 | + | 24 the employee contributions that would have been required for |
---|
| 3643 | + | 25 such service as a noncovered employee, and the amount of |
---|
| 3644 | + | 26 employee contributions actually paid, plus (2) if payment is |
---|
| 3645 | + | |
---|
| 3646 | + | |
---|
| 3647 | + | |
---|
| 3648 | + | |
---|
| 3649 | + | |
---|
| 3650 | + | HB2412 Enrolled - 102 - LRB103 05885 RLC 56341 b |
---|
| 3651 | + | |
---|
| 3652 | + | |
---|
| 3653 | + | HB2412 Enrolled- 103 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 103 - LRB103 05885 RLC 56341 b |
---|
| 3654 | + | HB2412 Enrolled - 103 - LRB103 05885 RLC 56341 b |
---|
| 3655 | + | 1 made after July 31, 1987, regular interest on the amount |
---|
| 3656 | + | 2 specified in item (1) from the date of service to the date of |
---|
| 3657 | + | 3 payment. |
---|
| 3658 | + | 4 For purposes of calculating retirement annuities under |
---|
| 3659 | + | 5 this Section, periods of service rendered after December 31, |
---|
| 3660 | + | 6 1968 and before January 1, 1982 as a covered employee in the |
---|
| 3661 | + | 7 position of investigator for the Department of Revenue shall |
---|
| 3662 | + | 8 be deemed to have been service as a noncovered employee, |
---|
| 3663 | + | 9 provided that the employee pays to the System prior to |
---|
| 3664 | + | 10 retirement an amount equal to (1) the difference between the |
---|
| 3665 | + | 11 employee contributions that would have been required for such |
---|
| 3666 | + | 12 service as a noncovered employee, and the amount of employee |
---|
| 3667 | + | 13 contributions actually paid, plus (2) if payment is made after |
---|
| 3668 | + | 14 January 1, 1990, regular interest on the amount specified in |
---|
| 3669 | + | 15 item (1) from the date of service to the date of payment. |
---|
| 3670 | + | 16 (g) A State policeman may elect, not later than January 1, |
---|
| 3671 | + | 17 1990, to establish eligible creditable service for up to 10 |
---|
| 3672 | + | 18 years of his service as a policeman under Article 3, by filing |
---|
| 3673 | + | 19 a written election with the Board, accompanied by payment of |
---|
| 3674 | + | 20 an amount to be determined by the Board, equal to (i) the |
---|
| 3675 | + | 21 difference between the amount of employee and employer |
---|
| 3676 | + | 22 contributions transferred to the System under Section 3-110.5, |
---|
| 3677 | + | 23 and the amounts that would have been contributed had such |
---|
| 3678 | + | 24 contributions been made at the rates applicable to State |
---|
| 3679 | + | 25 policemen, plus (ii) interest thereon at the effective rate |
---|
| 3680 | + | 26 for each year, compounded annually, from the date of service |
---|
| 3681 | + | |
---|
| 3682 | + | |
---|
| 3683 | + | |
---|
| 3684 | + | |
---|
| 3685 | + | |
---|
| 3686 | + | HB2412 Enrolled - 103 - LRB103 05885 RLC 56341 b |
---|
| 3687 | + | |
---|
| 3688 | + | |
---|
| 3689 | + | HB2412 Enrolled- 104 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 104 - LRB103 05885 RLC 56341 b |
---|
| 3690 | + | HB2412 Enrolled - 104 - LRB103 05885 RLC 56341 b |
---|
| 3691 | + | 1 to the date of payment. |
---|
| 3692 | + | 2 Subject to the limitation in subsection (i), a State |
---|
| 3693 | + | 3 policeman may elect, not later than July 1, 1993, to establish |
---|
| 3694 | + | 4 eligible creditable service for up to 10 years of his service |
---|
| 3695 | + | 5 as a member of the County Police Department under Article 9, by |
---|
| 3696 | + | 6 filing a written election with the Board, accompanied by |
---|
| 3697 | + | 7 payment of an amount to be determined by the Board, equal to |
---|
| 3698 | + | 8 (i) the difference between the amount of employee and employer |
---|
| 3699 | + | 9 contributions transferred to the System under Section 9-121.10 |
---|
| 3700 | + | 10 and the amounts that would have been contributed had those |
---|
| 3701 | + | 11 contributions been made at the rates applicable to State |
---|
| 3702 | + | 12 policemen, plus (ii) interest thereon at the effective rate |
---|
| 3703 | + | 13 for each year, compounded annually, from the date of service |
---|
| 3704 | + | 14 to the date of payment. |
---|
| 3705 | + | 15 (h) Subject to the limitation in subsection (i), a State |
---|
| 3706 | + | 16 policeman or investigator for the Secretary of State may elect |
---|
| 3707 | + | 17 to establish eligible creditable service for up to 12 years of |
---|
| 3708 | + | 18 his service as a policeman under Article 5, by filing a written |
---|
| 3709 | + | 19 election with the Board on or before January 31, 1992, and |
---|
| 3710 | + | 20 paying to the System by January 31, 1994 an amount to be |
---|
| 3711 | + | 21 determined by the Board, equal to (i) the difference between |
---|
| 3712 | + | 22 the amount of employee and employer contributions transferred |
---|
| 3713 | + | 23 to the System under Section 5-236, and the amounts that would |
---|
| 3714 | + | 24 have been contributed had such contributions been made at the |
---|
| 3715 | + | 25 rates applicable to State policemen, plus (ii) interest |
---|
| 3716 | + | 26 thereon at the effective rate for each year, compounded |
---|
| 3717 | + | |
---|
| 3718 | + | |
---|
| 3719 | + | |
---|
| 3720 | + | |
---|
| 3721 | + | |
---|
| 3722 | + | HB2412 Enrolled - 104 - LRB103 05885 RLC 56341 b |
---|
| 3723 | + | |
---|
| 3724 | + | |
---|
| 3725 | + | HB2412 Enrolled- 105 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 105 - LRB103 05885 RLC 56341 b |
---|
| 3726 | + | HB2412 Enrolled - 105 - LRB103 05885 RLC 56341 b |
---|
| 3727 | + | 1 annually, from the date of service to the date of payment. |
---|
| 3728 | + | 2 Subject to the limitation in subsection (i), a State |
---|
| 3729 | + | 3 policeman, conservation police officer, or investigator for |
---|
| 3730 | + | 4 the Secretary of State may elect to establish eligible |
---|
| 3731 | + | 5 creditable service for up to 10 years of service as a sheriff's |
---|
| 3732 | + | 6 law enforcement employee under Article 7, by filing a written |
---|
| 3733 | + | 7 election with the Board on or before January 31, 1993, and |
---|
| 3734 | + | 8 paying to the System by January 31, 1994 an amount to be |
---|
| 3735 | + | 9 determined by the Board, equal to (i) the difference between |
---|
| 3736 | + | 10 the amount of employee and employer contributions transferred |
---|
| 3737 | + | 11 to the System under Section 7-139.7, and the amounts that |
---|
| 3738 | + | 12 would have been contributed had such contributions been made |
---|
| 3739 | + | 13 at the rates applicable to State policemen, plus (ii) interest |
---|
| 3740 | + | 14 thereon at the effective rate for each year, compounded |
---|
| 3741 | + | 15 annually, from the date of service to the date of payment. |
---|
| 3742 | + | 16 Subject to the limitation in subsection (i), a State |
---|
| 3743 | + | 17 policeman, conservation police officer, or investigator for |
---|
| 3744 | + | 18 the Secretary of State may elect to establish eligible |
---|
| 3745 | + | 19 creditable service for up to 5 years of service as a police |
---|
| 3746 | + | 20 officer under Article 3, a policeman under Article 5, a |
---|
| 3747 | + | 21 sheriff's law enforcement employee under Article 7, a member |
---|
| 3748 | + | 22 of the county police department under Article 9, or a police |
---|
| 3749 | + | 23 officer under Article 15 by filing a written election with the |
---|
| 3750 | + | 24 Board and paying to the System an amount to be determined by |
---|
| 3751 | + | 25 the Board, equal to (i) the difference between the amount of |
---|
| 3752 | + | 26 employee and employer contributions transferred to the System |
---|
| 3753 | + | |
---|
| 3754 | + | |
---|
| 3755 | + | |
---|
| 3756 | + | |
---|
| 3757 | + | |
---|
| 3758 | + | HB2412 Enrolled - 105 - LRB103 05885 RLC 56341 b |
---|
| 3759 | + | |
---|
| 3760 | + | |
---|
| 3761 | + | HB2412 Enrolled- 106 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 106 - LRB103 05885 RLC 56341 b |
---|
| 3762 | + | HB2412 Enrolled - 106 - LRB103 05885 RLC 56341 b |
---|
| 3763 | + | 1 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
---|
| 3764 | + | 2 and the amounts that would have been contributed had such |
---|
| 3765 | + | 3 contributions been made at the rates applicable to State |
---|
| 3766 | + | 4 policemen, plus (ii) interest thereon at the effective rate |
---|
| 3767 | + | 5 for each year, compounded annually, from the date of service |
---|
| 3768 | + | 6 to the date of payment. |
---|
| 3769 | + | 7 Subject to the limitation in subsection (i), an |
---|
| 3770 | + | 8 investigator for the Office of the Attorney General, or an |
---|
| 3771 | + | 9 investigator for the Department of Revenue, may elect to |
---|
| 3772 | + | 10 establish eligible creditable service for up to 5 years of |
---|
| 3773 | + | 11 service as a police officer under Article 3, a policeman under |
---|
| 3774 | + | 12 Article 5, a sheriff's law enforcement employee under Article |
---|
| 3775 | + | 13 7, or a member of the county police department under Article 9 |
---|
| 3776 | + | 14 by filing a written election with the Board within 6 months |
---|
| 3777 | + | 15 after August 25, 2009 (the effective date of Public Act |
---|
| 3778 | + | 16 96-745) and paying to the System an amount to be determined by |
---|
| 3779 | + | 17 the Board, equal to (i) the difference between the amount of |
---|
| 3780 | + | 18 employee and employer contributions transferred to the System |
---|
| 3781 | + | 19 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
---|
| 3782 | + | 20 amounts that would have been contributed had such |
---|
| 3783 | + | 21 contributions been made at the rates applicable to State |
---|
| 3784 | + | 22 policemen, plus (ii) interest thereon at the actuarially |
---|
| 3785 | + | 23 assumed rate for each year, compounded annually, from the date |
---|
| 3786 | + | 24 of service to the date of payment. |
---|
| 3787 | + | 25 Subject to the limitation in subsection (i), a State |
---|
| 3788 | + | 26 policeman, conservation police officer, investigator for the |
---|
| 3789 | + | |
---|
| 3790 | + | |
---|
| 3791 | + | |
---|
| 3792 | + | |
---|
| 3793 | + | |
---|
| 3794 | + | HB2412 Enrolled - 106 - LRB103 05885 RLC 56341 b |
---|
| 3795 | + | |
---|
| 3796 | + | |
---|
| 3797 | + | HB2412 Enrolled- 107 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 107 - LRB103 05885 RLC 56341 b |
---|
| 3798 | + | HB2412 Enrolled - 107 - LRB103 05885 RLC 56341 b |
---|
| 3799 | + | 1 Office of the Attorney General, an investigator for the |
---|
| 3800 | + | 2 Department of Revenue, or investigator for the Secretary of |
---|
| 3801 | + | 3 State may elect to establish eligible creditable service for |
---|
| 3802 | + | 4 up to 5 years of service as a person employed by a |
---|
| 3803 | + | 5 participating municipality to perform police duties, or law |
---|
| 3804 | + | 6 enforcement officer employed on a full-time basis by a forest |
---|
| 3805 | + | 7 preserve district under Article 7, a county corrections |
---|
| 3806 | + | 8 officer, or a court services officer under Article 9, by |
---|
| 3807 | + | 9 filing a written election with the Board within 6 months after |
---|
| 3808 | + | 10 August 25, 2009 (the effective date of Public Act 96-745) and |
---|
| 3809 | + | 11 paying to the System an amount to be determined by the Board, |
---|
| 3810 | + | 12 equal to (i) the difference between the amount of employee and |
---|
| 3811 | + | 13 employer contributions transferred to the System under |
---|
| 3812 | + | 14 Sections 7-139.8 and 9-121.10 and the amounts that would have |
---|
| 3813 | + | 15 been contributed had such contributions been made at the rates |
---|
| 3814 | + | 16 applicable to State policemen, plus (ii) interest thereon at |
---|
| 3815 | + | 17 the actuarially assumed rate for each year, compounded |
---|
| 3816 | + | 18 annually, from the date of service to the date of payment. |
---|
| 3817 | + | 19 Subject to the limitation in subsection (i), a State |
---|
| 3818 | + | 20 policeman, arson investigator, or Commerce Commission police |
---|
| 3819 | + | 21 officer may elect to establish eligible creditable service for |
---|
| 3820 | + | 22 up to 5 years of service as a person employed by a |
---|
| 3821 | + | 23 participating municipality to perform police duties under |
---|
| 3822 | + | 24 Article 7, a county corrections officer, a court services |
---|
| 3823 | + | 25 officer under Article 9, or a firefighter under Article 4 by |
---|
| 3824 | + | 26 filing a written election with the Board within 6 months after |
---|
| 3825 | + | |
---|
| 3826 | + | |
---|
| 3827 | + | |
---|
| 3828 | + | |
---|
| 3829 | + | |
---|
| 3830 | + | HB2412 Enrolled - 107 - LRB103 05885 RLC 56341 b |
---|
| 3831 | + | |
---|
| 3832 | + | |
---|
| 3833 | + | HB2412 Enrolled- 108 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 108 - LRB103 05885 RLC 56341 b |
---|
| 3834 | + | HB2412 Enrolled - 108 - LRB103 05885 RLC 56341 b |
---|
| 3835 | + | 1 July 30, 2021 (the effective date of Public Act 102-210) and |
---|
| 3836 | + | 2 paying to the System an amount to be determined by the Board |
---|
| 3837 | + | 3 equal to (i) the difference between the amount of employee and |
---|
| 3838 | + | 4 employer contributions transferred to the System under |
---|
| 3839 | + | 5 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that |
---|
| 3840 | + | 6 would have been contributed had such contributions been made |
---|
| 3841 | + | 7 at the rates applicable to State policemen, plus (ii) interest |
---|
| 3842 | + | 8 thereon at the actuarially assumed rate for each year, |
---|
| 3843 | + | 9 compounded annually, from the date of service to the date of |
---|
| 3844 | + | 10 payment. |
---|
| 3845 | + | 11 Subject to the limitation in subsection (i), a |
---|
| 3846 | + | 12 conservation police officer may elect to establish eligible |
---|
| 3847 | + | 13 creditable service for up to 5 years of service as a person |
---|
| 3848 | + | 14 employed by a participating municipality to perform police |
---|
| 3849 | + | 15 duties under Article 7, a county corrections officer, or a |
---|
| 3850 | + | 16 court services officer under Article 9 by filing a written |
---|
| 3851 | + | 17 election with the Board within 6 months after July 30, 2021 |
---|
| 3852 | + | 18 (the effective date of Public Act 102-210) and paying to the |
---|
| 3853 | + | 19 System an amount to be determined by the Board equal to (i) the |
---|
| 3854 | + | 20 difference between the amount of employee and employer |
---|
| 3855 | + | 21 contributions transferred to the System under Sections 7-139.8 |
---|
| 3856 | + | 22 and 9-121.10 and the amounts that would have been contributed |
---|
| 3857 | + | 23 had such contributions been made at the rates applicable to |
---|
| 3858 | + | 24 State policemen, plus (ii) interest thereon at the actuarially |
---|
| 3859 | + | 25 assumed rate for each year, compounded annually, from the date |
---|
| 3860 | + | 26 of service to the date of payment. |
---|
| 3861 | + | |
---|
| 3862 | + | |
---|
| 3863 | + | |
---|
| 3864 | + | |
---|
| 3865 | + | |
---|
| 3866 | + | HB2412 Enrolled - 108 - LRB103 05885 RLC 56341 b |
---|
| 3867 | + | |
---|
| 3868 | + | |
---|
| 3869 | + | HB2412 Enrolled- 109 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 109 - LRB103 05885 RLC 56341 b |
---|
| 3870 | + | HB2412 Enrolled - 109 - LRB103 05885 RLC 56341 b |
---|
| 3871 | + | 1 Subject to the limitation in subsection (i), an |
---|
| 3872 | + | 2 investigator for the Department of Revenue, investigator for |
---|
| 3873 | + | 3 the Illinois Gaming Board, investigator for the Secretary of |
---|
| 3874 | + | 4 State, or arson investigator may elect to establish eligible |
---|
| 3875 | + | 5 creditable service for up to 5 years of service as a person |
---|
| 3876 | + | 6 employed by a participating municipality to perform police |
---|
| 3877 | + | 7 duties under Article 7, a county corrections officer, a court |
---|
| 3878 | + | 8 services officer under Article 9, or a firefighter under |
---|
| 3879 | + | 9 Article 4 by filing a written election with the Board within 6 |
---|
| 3880 | + | 10 months after the effective date of this amendatory Act of the |
---|
| 3881 | + | 11 102nd General Assembly and paying to the System an amount to be |
---|
| 3882 | + | 12 determined by the Board equal to (i) the difference between |
---|
| 3883 | + | 13 the amount of employee and employer contributions transferred |
---|
| 3884 | + | 14 to the System under Sections 4-108.8, 7-139.8, and 9-121.10 |
---|
| 3885 | + | 15 and the amounts that would have been contributed had such |
---|
| 3886 | + | 16 contributions been made at the rates applicable to State |
---|
| 3887 | + | 17 policemen, plus (ii) interest thereon at the actuarially |
---|
| 3888 | + | 18 assumed rate for each year, compounded annually, from the date |
---|
| 3889 | + | 19 of service to the date of payment. |
---|
| 3890 | + | 20 Notwithstanding the limitation in subsection (i), a State |
---|
| 3891 | + | 21 policeman or conservation police officer may elect to convert |
---|
| 3892 | + | 22 service credit earned under this Article to eligible |
---|
| 3893 | + | 23 creditable service, as defined by this Section, by filing a |
---|
| 3894 | + | 24 written election with the board within 6 months after July 30, |
---|
| 3895 | + | 25 2021 (the effective date of Public Act 102-210) and paying to |
---|
| 3896 | + | 26 the System an amount to be determined by the Board equal to (i) |
---|
| 3897 | + | |
---|
| 3898 | + | |
---|
| 3899 | + | |
---|
| 3900 | + | |
---|
| 3901 | + | |
---|
| 3902 | + | HB2412 Enrolled - 109 - LRB103 05885 RLC 56341 b |
---|
| 3903 | + | |
---|
| 3904 | + | |
---|
| 3905 | + | HB2412 Enrolled- 110 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 110 - LRB103 05885 RLC 56341 b |
---|
| 3906 | + | HB2412 Enrolled - 110 - LRB103 05885 RLC 56341 b |
---|
| 3907 | + | 1 the difference between the amount of employee contributions |
---|
| 3908 | + | 2 originally paid for that service and the amounts that would |
---|
| 3909 | + | 3 have been contributed had such contributions been made at the |
---|
| 3910 | + | 4 rates applicable to State policemen, plus (ii) the difference |
---|
| 3911 | + | 5 between the employer's normal cost of the credit prior to the |
---|
| 3912 | + | 6 conversion authorized by Public Act 102-210 and the employer's |
---|
| 3913 | + | 7 normal cost of the credit converted in accordance with Public |
---|
| 3914 | + | 8 Act 102-210, plus (iii) interest thereon at the actuarially |
---|
| 3915 | + | 9 assumed rate for each year, compounded annually, from the date |
---|
| 3916 | + | 10 of service to the date of payment. |
---|
| 3917 | + | 11 Notwithstanding the limitation in subsection (i), an |
---|
| 3918 | + | 12 investigator for the Department of Revenue, investigator for |
---|
| 3919 | + | 13 the Illinois Gaming Board, investigator for the Secretary of |
---|
| 3920 | + | 14 State, or arson investigator may elect to convert service |
---|
| 3921 | + | 15 credit earned under this Article to eligible creditable |
---|
| 3922 | + | 16 service, as defined by this Section, by filing a written |
---|
| 3923 | + | 17 election with the Board within 6 months after the effective |
---|
| 3924 | + | 18 date of this amendatory Act of the 102nd General Assembly and |
---|
| 3925 | + | 19 paying to the System an amount to be determined by the Board |
---|
| 3926 | + | 20 equal to (i) the difference between the amount of employee |
---|
| 3927 | + | 21 contributions originally paid for that service and the amounts |
---|
| 3928 | + | 22 that would have been contributed had such contributions been |
---|
| 3929 | + | 23 made at the rates applicable to investigators for the |
---|
| 3930 | + | 24 Department of Revenue, investigators for the Illinois Gaming |
---|
| 3931 | + | 25 Board, investigators for the Secretary of State, or arson |
---|
| 3932 | + | 26 investigators, plus (ii) the difference between the employer's |
---|
| 3933 | + | |
---|
| 3934 | + | |
---|
| 3935 | + | |
---|
| 3936 | + | |
---|
| 3937 | + | |
---|
| 3938 | + | HB2412 Enrolled - 110 - LRB103 05885 RLC 56341 b |
---|
| 3939 | + | |
---|
| 3940 | + | |
---|
| 3941 | + | HB2412 Enrolled- 111 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 111 - LRB103 05885 RLC 56341 b |
---|
| 3942 | + | HB2412 Enrolled - 111 - LRB103 05885 RLC 56341 b |
---|
| 3943 | + | 1 normal cost of the credit prior to the conversion authorized |
---|
| 3944 | + | 2 by this amendatory Act of the 102nd General Assembly and the |
---|
| 3945 | + | 3 employer's normal cost of the credit converted in accordance |
---|
| 3946 | + | 4 with this amendatory Act of the 102nd General Assembly, plus |
---|
| 3947 | + | 5 (iii) interest thereon at the actuarially assumed rate for |
---|
| 3948 | + | 6 each year, compounded annually, from the date of service to |
---|
| 3949 | + | 7 the date of payment. |
---|
| 3950 | + | 8 (i) The total amount of eligible creditable service |
---|
| 3951 | + | 9 established by any person under subsections (g), (h), (j), |
---|
| 3952 | + | 10 (k), (l), (l-5), and (o) of this Section shall not exceed 12 |
---|
| 3953 | + | 11 years. |
---|
| 3954 | + | 12 (j) Subject to the limitation in subsection (i), an |
---|
| 3955 | + | 13 investigator for the Office of the State's Attorneys Appellate |
---|
| 3956 | + | 14 Prosecutor or a controlled substance inspector may elect to |
---|
| 3957 | + | 15 establish eligible creditable service for up to 10 years of |
---|
| 3958 | + | 16 his service as a policeman under Article 3 or a sheriff's law |
---|
| 3959 | + | 17 enforcement employee under Article 7, by filing a written |
---|
| 3960 | + | 18 election with the Board, accompanied by payment of an amount |
---|
| 3961 | + | 19 to be determined by the Board, equal to (1) the difference |
---|
| 3962 | + | 20 between the amount of employee and employer contributions |
---|
| 3963 | + | 21 transferred to the System under Section 3-110.6 or 7-139.8, |
---|
| 3964 | + | 22 and the amounts that would have been contributed had such |
---|
| 3965 | + | 23 contributions been made at the rates applicable to State |
---|
| 3966 | + | 24 policemen, plus (2) interest thereon at the effective rate for |
---|
| 3967 | + | 25 each year, compounded annually, from the date of service to |
---|
| 3968 | + | 26 the date of payment. |
---|
| 3969 | + | |
---|
| 3970 | + | |
---|
| 3971 | + | |
---|
| 3972 | + | |
---|
| 3973 | + | |
---|
| 3974 | + | HB2412 Enrolled - 111 - LRB103 05885 RLC 56341 b |
---|
| 3975 | + | |
---|
| 3976 | + | |
---|
| 3977 | + | HB2412 Enrolled- 112 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 112 - LRB103 05885 RLC 56341 b |
---|
| 3978 | + | HB2412 Enrolled - 112 - LRB103 05885 RLC 56341 b |
---|
| 3979 | + | 1 (k) Subject to the limitation in subsection (i) of this |
---|
| 3980 | + | 2 Section, an alternative formula employee may elect to |
---|
| 3981 | + | 3 establish eligible creditable service for periods spent as a |
---|
| 3982 | + | 4 full-time law enforcement officer or full-time corrections |
---|
| 3983 | + | 5 officer employed by the federal government or by a state or |
---|
| 3984 | + | 6 local government located outside of Illinois, for which credit |
---|
| 3985 | + | 7 is not held in any other public employee pension fund or |
---|
| 3986 | + | 8 retirement system. To obtain this credit, the applicant must |
---|
| 3987 | + | 9 file a written application with the Board by March 31, 1998, |
---|
| 3988 | + | 10 accompanied by evidence of eligibility acceptable to the Board |
---|
| 3989 | + | 11 and payment of an amount to be determined by the Board, equal |
---|
| 3990 | + | 12 to (1) employee contributions for the credit being |
---|
| 3991 | + | 13 established, based upon the applicant's salary on the first |
---|
| 3992 | + | 14 day as an alternative formula employee after the employment |
---|
| 3993 | + | 15 for which credit is being established and the rates then |
---|
| 3994 | + | 16 applicable to alternative formula employees, plus (2) an |
---|
| 3995 | + | 17 amount determined by the Board to be the employer's normal |
---|
| 3996 | + | 18 cost of the benefits accrued for the credit being established, |
---|
| 3997 | + | 19 plus (3) regular interest on the amounts in items (1) and (2) |
---|
| 3998 | + | 20 from the first day as an alternative formula employee after |
---|
| 3999 | + | 21 the employment for which credit is being established to the |
---|
| 4000 | + | 22 date of payment. |
---|
| 4001 | + | 23 (l) Subject to the limitation in subsection (i), a |
---|
| 4002 | + | 24 security employee of the Department of Corrections may elect, |
---|
| 4003 | + | 25 not later than July 1, 1998, to establish eligible creditable |
---|
| 4004 | + | 26 service for up to 10 years of his or her service as a policeman |
---|
| 4005 | + | |
---|
| 4006 | + | |
---|
| 4007 | + | |
---|
| 4008 | + | |
---|
| 4009 | + | |
---|
| 4010 | + | HB2412 Enrolled - 112 - LRB103 05885 RLC 56341 b |
---|
| 4011 | + | |
---|
| 4012 | + | |
---|
| 4013 | + | HB2412 Enrolled- 113 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 113 - LRB103 05885 RLC 56341 b |
---|
| 4014 | + | HB2412 Enrolled - 113 - LRB103 05885 RLC 56341 b |
---|
| 4015 | + | 1 under Article 3, by filing a written election with the Board, |
---|
| 4016 | + | 2 accompanied by payment of an amount to be determined by the |
---|
| 4017 | + | 3 Board, equal to (i) the difference between the amount of |
---|
| 4018 | + | 4 employee and employer contributions transferred to the System |
---|
| 4019 | + | 5 under Section 3-110.5, and the amounts that would have been |
---|
| 4020 | + | 6 contributed had such contributions been made at the rates |
---|
| 4021 | + | 7 applicable to security employees of the Department of |
---|
| 4022 | + | 8 Corrections, plus (ii) interest thereon at the effective rate |
---|
| 4023 | + | 9 for each year, compounded annually, from the date of service |
---|
| 4024 | + | 10 to the date of payment. |
---|
| 4025 | + | 11 (l-5) Subject to the limitation in subsection (i) of this |
---|
| 4026 | + | 12 Section, a State policeman may elect to establish eligible |
---|
| 4027 | + | 13 creditable service for up to 5 years of service as a full-time |
---|
| 4028 | + | 14 law enforcement officer employed by the federal government or |
---|
| 4029 | + | 15 by a state or local government located outside of Illinois for |
---|
| 4030 | + | 16 which credit is not held in any other public employee pension |
---|
| 4031 | + | 17 fund or retirement system. To obtain this credit, the |
---|
| 4032 | + | 18 applicant must file a written application with the Board no |
---|
| 4033 | + | 19 later than 3 years after January 1, 2020 (the effective date of |
---|
| 4034 | + | 20 Public Act 101-610), accompanied by evidence of eligibility |
---|
| 4035 | + | 21 acceptable to the Board and payment of an amount to be |
---|
| 4036 | + | 22 determined by the Board, equal to (1) employee contributions |
---|
| 4037 | + | 23 for the credit being established, based upon the applicant's |
---|
| 4038 | + | 24 salary on the first day as an alternative formula employee |
---|
| 4039 | + | 25 after the employment for which credit is being established and |
---|
| 4040 | + | 26 the rates then applicable to alternative formula employees, |
---|
| 4041 | + | |
---|
| 4042 | + | |
---|
| 4043 | + | |
---|
| 4044 | + | |
---|
| 4045 | + | |
---|
| 4046 | + | HB2412 Enrolled - 113 - LRB103 05885 RLC 56341 b |
---|
| 4047 | + | |
---|
| 4048 | + | |
---|
| 4049 | + | HB2412 Enrolled- 114 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 114 - LRB103 05885 RLC 56341 b |
---|
| 4050 | + | HB2412 Enrolled - 114 - LRB103 05885 RLC 56341 b |
---|
| 4051 | + | 1 plus (2) an amount determined by the Board to be the employer's |
---|
| 4052 | + | 2 normal cost of the benefits accrued for the credit being |
---|
| 4053 | + | 3 established, plus (3) regular interest on the amounts in items |
---|
| 4054 | + | 4 (1) and (2) from the first day as an alternative formula |
---|
| 4055 | + | 5 employee after the employment for which credit is being |
---|
| 4056 | + | 6 established to the date of payment. |
---|
| 4057 | + | 7 (m) The amendatory changes to this Section made by Public |
---|
| 4058 | + | 8 Act 94-696 apply only to: (1) security employees of the |
---|
| 4059 | + | 9 Department of Juvenile Justice employed by the Department of |
---|
| 4060 | + | 10 Corrections before June 1, 2006 (the effective date of Public |
---|
| 4061 | + | 11 Act 94-696) and transferred to the Department of Juvenile |
---|
| 4062 | + | 12 Justice by Public Act 94-696; and (2) persons employed by the |
---|
| 4063 | + | 13 Department of Juvenile Justice on or after June 1, 2006 (the |
---|
| 4064 | + | 14 effective date of Public Act 94-696) who are required by |
---|
| 4065 | + | 15 subsection (b) of Section 3-2.5-15 of the Unified Code of |
---|
| 4066 | + | 16 Corrections to have any bachelor's or advanced degree from an |
---|
| 4067 | + | 17 accredited college or university or, in the case of persons |
---|
| 4068 | + | 18 who provide vocational training, who are required to have |
---|
| 4069 | + | 19 adequate knowledge in the skill for which they are providing |
---|
| 4070 | + | 20 the vocational training. |
---|
| 4071 | + | 21 (n) A person employed in a position under subsection (b) |
---|
| 4072 | + | 22 of this Section who has purchased service credit under |
---|
| 4073 | + | 23 subsection (j) of Section 14-104 or subsection (b) of Section |
---|
| 4074 | + | 24 14-105 in any other capacity under this Article may convert up |
---|
| 4075 | + | 25 to 5 years of that service credit into service credit covered |
---|
| 4076 | + | 26 under this Section by paying to the Fund an amount equal to (1) |
---|
| 4077 | + | |
---|
| 4078 | + | |
---|
| 4079 | + | |
---|
| 4080 | + | |
---|
| 4081 | + | |
---|
| 4082 | + | HB2412 Enrolled - 114 - LRB103 05885 RLC 56341 b |
---|
| 4083 | + | |
---|
| 4084 | + | |
---|
| 4085 | + | HB2412 Enrolled- 115 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 115 - LRB103 05885 RLC 56341 b |
---|
| 4086 | + | HB2412 Enrolled - 115 - LRB103 05885 RLC 56341 b |
---|
| 4087 | + | 1 the additional employee contribution required under Section |
---|
| 4088 | + | 2 14-133, plus (2) the additional employer contribution required |
---|
| 4089 | + | 3 under Section 14-131, plus (3) interest on items (1) and (2) at |
---|
| 4090 | + | 4 the actuarially assumed rate from the date of the service to |
---|
| 4091 | + | 5 the date of payment. |
---|
| 4092 | + | 6 (o) Subject to the limitation in subsection (i), a |
---|
| 4093 | + | 7 conservation police officer, investigator for the Secretary of |
---|
| 4094 | + | 8 State, Commerce Commission police officer, investigator for |
---|
| 4095 | + | 9 the Department of Revenue or the Illinois Gaming Board, or |
---|
| 4096 | + | 10 arson investigator subject to subsection (g) of Section 1-160 |
---|
| 4097 | + | 11 may elect to convert up to 8 years of service credit |
---|
| 4098 | + | 12 established before January 1, 2020 (the effective date of |
---|
| 4099 | + | 13 Public Act 101-610) as a conservation police officer, |
---|
| 4100 | + | 14 investigator for the Secretary of State, Commerce Commission |
---|
| 4101 | + | 15 police officer, investigator for the Department of Revenue or |
---|
| 4102 | + | 16 the Illinois Gaming Board, or arson investigator under this |
---|
| 4103 | + | 17 Article into eligible creditable service by filing a written |
---|
| 4104 | + | 18 election with the Board no later than one year after January 1, |
---|
| 4105 | + | 19 2020 (the effective date of Public Act 101-610), accompanied |
---|
| 4106 | + | 20 by payment of an amount to be determined by the Board equal to |
---|
| 4107 | + | 21 (i) the difference between the amount of the employee |
---|
| 4108 | + | 22 contributions actually paid for that service and the amount of |
---|
| 4109 | + | 23 the employee contributions that would have been paid had the |
---|
| 4110 | + | 24 employee contributions been made as a noncovered employee |
---|
| 4111 | + | 25 serving in a position in which eligible creditable service, as |
---|
| 4112 | + | 26 defined in this Section, may be earned, plus (ii) interest |
---|
| 4113 | + | |
---|
| 4114 | + | |
---|
| 4115 | + | |
---|
| 4116 | + | |
---|
| 4117 | + | |
---|
| 4118 | + | HB2412 Enrolled - 115 - LRB103 05885 RLC 56341 b |
---|
| 4119 | + | |
---|
| 4120 | + | |
---|
| 4121 | + | HB2412 Enrolled- 116 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 116 - LRB103 05885 RLC 56341 b |
---|
| 4122 | + | HB2412 Enrolled - 116 - LRB103 05885 RLC 56341 b |
---|
| 4123 | + | 1 thereon at the effective rate for each year, compounded |
---|
| 4124 | + | 2 annually, from the date of service to the date of payment. |
---|
| 4125 | + | 3 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
---|
| 4126 | + | 4 102-538, eff. 8-20-21; 102-856, eff. 1-1-23.) |
---|
| 4127 | + | 5 (Text of Section from P.A. 102-956) |
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| 4128 | + | 6 Sec. 14-110. Alternative retirement annuity. |
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| 4129 | + | 7 (a) Any member who has withdrawn from service with not |
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| 4130 | + | 8 less than 20 years of eligible creditable service and has |
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| 4131 | + | 9 attained age 55, and any member who has withdrawn from service |
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| 4132 | + | 10 with not less than 25 years of eligible creditable service and |
---|
| 4133 | + | 11 has attained age 50, regardless of whether the attainment of |
---|
| 4134 | + | 12 either of the specified ages occurs while the member is still |
---|
| 4135 | + | 13 in service, shall be entitled to receive at the option of the |
---|
| 4136 | + | 14 member, in lieu of the regular or minimum retirement annuity, |
---|
| 4137 | + | 15 a retirement annuity computed as follows: |
---|
| 4138 | + | 16 (i) for periods of service as a noncovered employee: |
---|
| 4139 | + | 17 if retirement occurs on or after January 1, 2001, 3% of |
---|
| 4140 | + | 18 final average compensation for each year of creditable |
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| 4141 | + | 19 service; if retirement occurs before January 1, 2001, 2 |
---|
| 4142 | + | 20 1/4% of final average compensation for each of the first |
---|
| 4143 | + | 21 10 years of creditable service, 2 1/2% for each year above |
---|
| 4144 | + | 22 10 years to and including 20 years of creditable service, |
---|
| 4145 | + | 23 and 2 3/4% for each year of creditable service above 20 |
---|
| 4146 | + | 24 years; and |
---|
| 4147 | + | 25 (ii) for periods of eligible creditable service as a |
---|
| 4148 | + | |
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| 4149 | + | |
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| 4150 | + | |
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| 4151 | + | |
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| 4152 | + | |
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| 4153 | + | HB2412 Enrolled - 116 - LRB103 05885 RLC 56341 b |
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| 4154 | + | |
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| 4155 | + | |
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| 4156 | + | HB2412 Enrolled- 117 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 117 - LRB103 05885 RLC 56341 b |
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| 4157 | + | HB2412 Enrolled - 117 - LRB103 05885 RLC 56341 b |
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| 4158 | + | 1 covered employee: if retirement occurs on or after January |
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| 4159 | + | 2 1, 2001, 2.5% of final average compensation for each year |
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| 4160 | + | 3 of creditable service; if retirement occurs before January |
---|
| 4161 | + | 4 1, 2001, 1.67% of final average compensation for each of |
---|
| 4162 | + | 5 the first 10 years of such service, 1.90% for each of the |
---|
| 4163 | + | 6 next 10 years of such service, 2.10% for each year of such |
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| 4164 | + | 7 service in excess of 20 but not exceeding 30, and 2.30% for |
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| 4165 | + | 8 each year in excess of 30. |
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| 4166 | + | 9 Such annuity shall be subject to a maximum of 75% of final |
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| 4167 | + | 10 average compensation if retirement occurs before January 1, |
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| 4168 | + | 11 2001 or to a maximum of 80% of final average compensation if |
---|
| 4169 | + | 12 retirement occurs on or after January 1, 2001. |
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| 4170 | + | 13 These rates shall not be applicable to any service |
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| 4171 | + | 14 performed by a member as a covered employee which is not |
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| 4172 | + | 15 eligible creditable service. Service as a covered employee |
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| 4173 | + | 16 which is not eligible creditable service shall be subject to |
---|
| 4174 | + | 17 the rates and provisions of Section 14-108. |
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| 4175 | + | 18 (b) For the purpose of this Section, "eligible creditable |
---|
| 4176 | + | 19 service" means creditable service resulting from service in |
---|
| 4177 | + | 20 one or more of the following positions: |
---|
| 4178 | + | 21 (1) State policeman; |
---|
| 4179 | + | 22 (2) fire fighter in the fire protection service of a |
---|
| 4180 | + | 23 department; |
---|
| 4181 | + | 24 (3) air pilot; |
---|
| 4182 | + | 25 (4) special agent; |
---|
| 4183 | + | 26 (5) investigator for the Secretary of State; |
---|
| 4184 | + | |
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| 4185 | + | |
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| 4186 | + | |
---|
| 4187 | + | |
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| 4188 | + | |
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| 4189 | + | HB2412 Enrolled - 117 - LRB103 05885 RLC 56341 b |
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| 4190 | + | |
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| 4191 | + | |
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| 4192 | + | HB2412 Enrolled- 118 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 118 - LRB103 05885 RLC 56341 b |
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| 4193 | + | HB2412 Enrolled - 118 - LRB103 05885 RLC 56341 b |
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| 4194 | + | 1 (6) conservation police officer; |
---|
| 4195 | + | 2 (7) investigator for the Department of Revenue or the |
---|
| 4196 | + | 3 Illinois Gaming Board; |
---|
| 4197 | + | 4 (8) security employee of the Department of Human |
---|
| 4198 | + | 5 Services; |
---|
| 4199 | + | 6 (9) Central Management Services security police |
---|
| 4200 | + | 7 officer; |
---|
| 4201 | + | 8 (10) security employee of the Department of |
---|
| 4202 | + | 9 Corrections or the Department of Juvenile Justice; |
---|
| 4203 | + | 10 (11) dangerous drugs investigator; |
---|
| 4204 | + | 11 (12) investigator for the Illinois State Police; |
---|
| 4205 | + | 12 (13) investigator for the Office of the Attorney |
---|
| 4206 | + | 13 General; |
---|
| 4207 | + | 14 (14) controlled substance inspector; |
---|
| 4208 | + | 15 (15) investigator for the Office of the State's |
---|
| 4209 | + | 16 Attorneys Appellate Prosecutor; |
---|
| 4210 | + | 17 (16) Commerce Commission police officer; |
---|
| 4211 | + | 18 (17) arson investigator; |
---|
| 4212 | + | 19 (18) State highway maintenance worker; |
---|
| 4213 | + | 20 (19) security employee of the Department of Innovation |
---|
| 4214 | + | 21 and Technology; or |
---|
| 4215 | + | 22 (20) transferred employee. |
---|
| 4216 | + | 23 A person employed in one of the positions specified in |
---|
| 4217 | + | 24 this subsection is entitled to eligible creditable service for |
---|
| 4218 | + | 25 service credit earned under this Article while undergoing the |
---|
| 4219 | + | 26 basic police training course approved by the Illinois Law |
---|
| 4220 | + | |
---|
| 4221 | + | |
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| 4222 | + | |
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| 4223 | + | |
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| 4224 | + | |
---|
| 4225 | + | HB2412 Enrolled - 118 - LRB103 05885 RLC 56341 b |
---|
| 4226 | + | |
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| 4227 | + | |
---|
| 4228 | + | HB2412 Enrolled- 119 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 119 - LRB103 05885 RLC 56341 b |
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| 4229 | + | HB2412 Enrolled - 119 - LRB103 05885 RLC 56341 b |
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| 4230 | + | 1 Enforcement Training Standards Board, if completion of that |
---|
| 4231 | + | 2 training is required of persons serving in that position. For |
---|
| 4232 | + | 3 the purposes of this Code, service during the required basic |
---|
| 4233 | + | 4 police training course shall be deemed performance of the |
---|
| 4234 | + | 5 duties of the specified position, even though the person is |
---|
| 4235 | + | 6 not a sworn peace officer at the time of the training. |
---|
| 4236 | + | 7 A person under paragraph (20) is entitled to eligible |
---|
| 4237 | + | 8 creditable service for service credit earned under this |
---|
| 4238 | + | 9 Article on and after his or her transfer by Executive Order No. |
---|
| 4239 | + | 10 2003-10, Executive Order No. 2004-2, or Executive Order No. |
---|
| 4240 | + | 11 2016-1. |
---|
| 4241 | + | 12 (c) For the purposes of this Section: |
---|
| 4242 | + | 13 (1) The term "State policeman" includes any title or |
---|
| 4243 | + | 14 position in the Illinois State Police that is held by an |
---|
| 4244 | + | 15 individual employed under the Illinois State Police Act. |
---|
| 4245 | + | 16 (2) The term "fire fighter in the fire protection |
---|
| 4246 | + | 17 service of a department" includes all officers in such |
---|
| 4247 | + | 18 fire protection service including fire chiefs and |
---|
| 4248 | + | 19 assistant fire chiefs. |
---|
| 4249 | + | 20 (3) The term "air pilot" includes any employee whose |
---|
| 4250 | + | 21 official job description on file in the Department of |
---|
| 4251 | + | 22 Central Management Services, or in the department by which |
---|
| 4252 | + | 23 he is employed if that department is not covered by the |
---|
| 4253 | + | 24 Personnel Code, states that his principal duty is the |
---|
| 4254 | + | 25 operation of aircraft, and who possesses a pilot's |
---|
| 4255 | + | 26 license; however, the change in this definition made by |
---|
| 4256 | + | |
---|
| 4257 | + | |
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| 4258 | + | |
---|
| 4259 | + | |
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| 4260 | + | |
---|
| 4261 | + | HB2412 Enrolled - 119 - LRB103 05885 RLC 56341 b |
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| 4262 | + | |
---|
| 4263 | + | |
---|
| 4264 | + | HB2412 Enrolled- 120 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 120 - LRB103 05885 RLC 56341 b |
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| 4265 | + | HB2412 Enrolled - 120 - LRB103 05885 RLC 56341 b |
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| 4266 | + | 1 Public Act 83-842 shall not operate to exclude any |
---|
| 4267 | + | 2 noncovered employee who was an "air pilot" for the |
---|
| 4268 | + | 3 purposes of this Section on January 1, 1984. |
---|
| 4269 | + | 4 (4) The term "special agent" means any person who by |
---|
| 4270 | + | 5 reason of employment by the Division of Narcotic Control, |
---|
| 4271 | + | 6 the Bureau of Investigation or, after July 1, 1977, the |
---|
| 4272 | + | 7 Division of Criminal Investigation, the Division of |
---|
| 4273 | + | 8 Internal Investigation, the Division of Operations, the |
---|
| 4274 | + | 9 Division of Patrol Operations, or any other Division or |
---|
| 4275 | + | 10 organizational entity in the Illinois State Police is |
---|
| 4276 | + | 11 vested by law with duties to maintain public order, |
---|
| 4277 | + | 12 investigate violations of the criminal law of this State, |
---|
| 4278 | + | 13 enforce the laws of this State, make arrests and recover |
---|
| 4279 | + | 14 property. The term "special agent" includes any title or |
---|
| 4280 | + | 15 position in the Illinois State Police that is held by an |
---|
| 4281 | + | 16 individual employed under the Illinois State Police Act. |
---|
| 4282 | + | 17 (5) The term "investigator for the Secretary of State" |
---|
| 4283 | + | 18 means any person employed by the Office of the Secretary |
---|
| 4284 | + | 19 of State and vested with such investigative duties as |
---|
| 4285 | + | 20 render him ineligible for coverage under the Social |
---|
| 4286 | + | 21 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 4287 | + | 22 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 4288 | + | 23 A person who became employed as an investigator for |
---|
| 4289 | + | 24 the Secretary of State between January 1, 1967 and |
---|
| 4290 | + | 25 December 31, 1975, and who has served as such until |
---|
| 4291 | + | 26 attainment of age 60, either continuously or with a single |
---|
| 4292 | + | |
---|
| 4293 | + | |
---|
| 4294 | + | |
---|
| 4295 | + | |
---|
| 4296 | + | |
---|
| 4297 | + | HB2412 Enrolled - 120 - LRB103 05885 RLC 56341 b |
---|
| 4298 | + | |
---|
| 4299 | + | |
---|
| 4300 | + | HB2412 Enrolled- 121 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 121 - LRB103 05885 RLC 56341 b |
---|
| 4301 | + | HB2412 Enrolled - 121 - LRB103 05885 RLC 56341 b |
---|
| 4302 | + | 1 break in service of not more than 3 years duration, which |
---|
| 4303 | + | 2 break terminated before January 1, 1976, shall be entitled |
---|
| 4304 | + | 3 to have his retirement annuity calculated in accordance |
---|
| 4305 | + | 4 with subsection (a), notwithstanding that he has less than |
---|
| 4306 | + | 5 20 years of credit for such service. |
---|
| 4307 | + | 6 (6) The term "Conservation Police Officer" means any |
---|
| 4308 | + | 7 person employed by the Division of Law Enforcement of the |
---|
| 4309 | + | 8 Department of Natural Resources and vested with such law |
---|
| 4310 | + | 9 enforcement duties as render him ineligible for coverage |
---|
| 4311 | + | 10 under the Social Security Act by reason of Sections |
---|
| 4312 | + | 11 218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The |
---|
| 4313 | + | 12 term "Conservation Police Officer" includes the positions |
---|
| 4314 | + | 13 of Chief Conservation Police Administrator and Assistant |
---|
| 4315 | + | 14 Conservation Police Administrator. |
---|
| 4316 | + | 15 (7) The term "investigator for the Department of |
---|
| 4317 | + | 16 Revenue" means any person employed by the Department of |
---|
| 4318 | + | 17 Revenue and vested with such investigative duties as |
---|
| 4319 | + | 18 render him ineligible for coverage under the Social |
---|
| 4320 | + | 19 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 4321 | + | 20 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 4322 | + | 21 The term "investigator for the Illinois Gaming Board" |
---|
| 4323 | + | 22 means any person employed as such by the Illinois Gaming |
---|
| 4324 | + | 23 Board and vested with such peace officer duties as render |
---|
| 4325 | + | 24 the person ineligible for coverage under the Social |
---|
| 4326 | + | 25 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 4327 | + | 26 218(d)(8)(D), and 218(l)(1) of that Act. |
---|
| 4328 | + | |
---|
| 4329 | + | |
---|
| 4330 | + | |
---|
| 4331 | + | |
---|
| 4332 | + | |
---|
| 4333 | + | HB2412 Enrolled - 121 - LRB103 05885 RLC 56341 b |
---|
| 4334 | + | |
---|
| 4335 | + | |
---|
| 4336 | + | HB2412 Enrolled- 122 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 122 - LRB103 05885 RLC 56341 b |
---|
| 4337 | + | HB2412 Enrolled - 122 - LRB103 05885 RLC 56341 b |
---|
| 4338 | + | 1 (8) The term "security employee of the Department of |
---|
| 4339 | + | 2 Human Services" means any person employed by the |
---|
| 4340 | + | 3 Department of Human Services who (i) is employed at the |
---|
| 4341 | + | 4 Chester Mental Health Center and has daily contact with |
---|
| 4342 | + | 5 the residents thereof, (ii) is employed within a security |
---|
| 4343 | + | 6 unit at a facility operated by the Department and has |
---|
| 4344 | + | 7 daily contact with the residents of the security unit, |
---|
| 4345 | + | 8 (iii) is employed at a facility operated by the Department |
---|
| 4346 | + | 9 that includes a security unit and is regularly scheduled |
---|
| 4347 | + | 10 to work at least 50% of his or her working hours within |
---|
| 4348 | + | 11 that security unit, or (iv) is a mental health police |
---|
| 4349 | + | 12 officer. "Mental health police officer" means any person |
---|
| 4350 | + | 13 employed by the Department of Human Services in a position |
---|
| 4351 | + | 14 pertaining to the Department's mental health and |
---|
| 4352 | + | 15 developmental disabilities functions who is vested with |
---|
| 4353 | + | 16 such law enforcement duties as render the person |
---|
| 4354 | + | 17 ineligible for coverage under the Social Security Act by |
---|
| 4355 | + | 18 reason of Sections 218(d)(5)(A), 218(d)(8)(D) and |
---|
| 4356 | + | 19 218(l)(1) of that Act. "Security unit" means that portion |
---|
| 4357 | + | 20 of a facility that is devoted to the care, containment, |
---|
| 4358 | + | 21 and treatment of persons committed to the Department of |
---|
| 4359 | + | 22 Human Services as sexually violent persons, persons unfit |
---|
| 4360 | + | 23 to stand trial, or persons not guilty by reason of |
---|
| 4361 | + | 24 insanity. With respect to past employment, references to |
---|
| 4362 | + | 25 the Department of Human Services include its predecessor, |
---|
| 4363 | + | 26 the Department of Mental Health and Developmental |
---|
| 4364 | + | |
---|
| 4365 | + | |
---|
| 4366 | + | |
---|
| 4367 | + | |
---|
| 4368 | + | |
---|
| 4369 | + | HB2412 Enrolled - 122 - LRB103 05885 RLC 56341 b |
---|
| 4370 | + | |
---|
| 4371 | + | |
---|
| 4372 | + | HB2412 Enrolled- 123 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 123 - LRB103 05885 RLC 56341 b |
---|
| 4373 | + | HB2412 Enrolled - 123 - LRB103 05885 RLC 56341 b |
---|
| 4374 | + | 1 Disabilities. |
---|
| 4375 | + | 2 The changes made to this subdivision (c)(8) by Public |
---|
| 4376 | + | 3 Act 92-14 apply to persons who retire on or after January |
---|
| 4377 | + | 4 1, 2001, notwithstanding Section 1-103.1. |
---|
| 4378 | + | 5 (9) "Central Management Services security police |
---|
| 4379 | + | 6 officer" means any person employed by the Department of |
---|
| 4380 | + | 7 Central Management Services who is vested with such law |
---|
| 4381 | + | 8 enforcement duties as render him ineligible for coverage |
---|
| 4382 | + | 9 under the Social Security Act by reason of Sections |
---|
| 4383 | + | 10 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 4384 | + | 11 (10) For a member who first became an employee under |
---|
| 4385 | + | 12 this Article before July 1, 2005, the term "security |
---|
| 4386 | + | 13 employee of the Department of Corrections or the |
---|
| 4387 | + | 14 Department of Juvenile Justice" means any employee of the |
---|
| 4388 | + | 15 Department of Corrections or the Department of Juvenile |
---|
| 4389 | + | 16 Justice or the former Department of Personnel, and any |
---|
| 4390 | + | 17 member or employee of the Prisoner Review Board, who has |
---|
| 4391 | + | 18 daily contact with inmates or youth by working within a |
---|
| 4392 | + | 19 correctional facility or Juvenile facility operated by the |
---|
| 4393 | + | 20 Department of Juvenile Justice or who is a parole officer |
---|
| 4394 | + | 21 or an employee who has direct contact with committed |
---|
| 4395 | + | 22 persons in the performance of his or her job duties. For a |
---|
| 4396 | + | 23 member who first becomes an employee under this Article on |
---|
| 4397 | + | 24 or after July 1, 2005, the term means an employee of the |
---|
| 4398 | + | 25 Department of Corrections or the Department of Juvenile |
---|
| 4399 | + | 26 Justice who is any of the following: (i) officially |
---|
| 4400 | + | |
---|
| 4401 | + | |
---|
| 4402 | + | |
---|
| 4403 | + | |
---|
| 4404 | + | |
---|
| 4405 | + | HB2412 Enrolled - 123 - LRB103 05885 RLC 56341 b |
---|
| 4406 | + | |
---|
| 4407 | + | |
---|
| 4408 | + | HB2412 Enrolled- 124 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 124 - LRB103 05885 RLC 56341 b |
---|
| 4409 | + | HB2412 Enrolled - 124 - LRB103 05885 RLC 56341 b |
---|
| 4410 | + | 1 headquartered at a correctional facility or Juvenile |
---|
| 4411 | + | 2 facility operated by the Department of Juvenile Justice, |
---|
| 4412 | + | 3 (ii) a parole officer, (iii) a member of the apprehension |
---|
| 4413 | + | 4 unit, (iv) a member of the intelligence unit, (v) a member |
---|
| 4414 | + | 5 of the sort team, or (vi) an investigator. |
---|
| 4415 | + | 6 (11) The term "dangerous drugs investigator" means any |
---|
| 4416 | + | 7 person who is employed as such by the Department of Human |
---|
| 4417 | + | 8 Services. |
---|
| 4418 | + | 9 (12) The term "investigator for the Illinois State |
---|
| 4419 | + | 10 Police" means a person employed by the Illinois State |
---|
| 4420 | + | 11 Police who is vested under Section 4 of the Narcotic |
---|
| 4421 | + | 12 Control Division Abolition Act with such law enforcement |
---|
| 4422 | + | 13 powers as render him ineligible for coverage under the |
---|
| 4423 | + | 14 Social Security Act by reason of Sections 218(d)(5)(A), |
---|
| 4424 | + | 15 218(d)(8)(D) and 218(l)(1) of that Act. |
---|
| 4425 | + | 16 (13) "Investigator for the Office of the Attorney |
---|
| 4426 | + | 17 General" means any person who is employed as such by the |
---|
| 4427 | + | 18 Office of the Attorney General and is vested with such |
---|
| 4428 | + | 19 investigative duties as render him ineligible for coverage |
---|
| 4429 | + | 20 under the Social Security Act by reason of Sections |
---|
| 4430 | + | 21 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For |
---|
| 4431 | + | 22 the period before January 1, 1989, the term includes all |
---|
| 4432 | + | 23 persons who were employed as investigators by the Office |
---|
| 4433 | + | 24 of the Attorney General, without regard to social security |
---|
| 4434 | + | 25 status. |
---|
| 4435 | + | 26 (14) "Controlled substance inspector" means any person |
---|
| 4436 | + | |
---|
| 4437 | + | |
---|
| 4438 | + | |
---|
| 4439 | + | |
---|
| 4440 | + | |
---|
| 4441 | + | HB2412 Enrolled - 124 - LRB103 05885 RLC 56341 b |
---|
| 4442 | + | |
---|
| 4443 | + | |
---|
| 4444 | + | HB2412 Enrolled- 125 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 125 - LRB103 05885 RLC 56341 b |
---|
| 4445 | + | HB2412 Enrolled - 125 - LRB103 05885 RLC 56341 b |
---|
| 4446 | + | 1 who is employed as such by the Department of Professional |
---|
| 4447 | + | 2 Regulation and is vested with such law enforcement duties |
---|
| 4448 | + | 3 as render him ineligible for coverage under the Social |
---|
| 4449 | + | 4 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 4450 | + | 5 218(d)(8)(D) and 218(l)(1) of that Act. The term |
---|
| 4451 | + | 6 "controlled substance inspector" includes the Program |
---|
| 4452 | + | 7 Executive of Enforcement and the Assistant Program |
---|
| 4453 | + | 8 Executive of Enforcement. |
---|
| 4454 | + | 9 (15) The term "investigator for the Office of the |
---|
| 4455 | + | 10 State's Attorneys Appellate Prosecutor" means a person |
---|
| 4456 | + | 11 employed in that capacity on a full-time basis under the |
---|
| 4457 | + | 12 authority of Section 7.06 of the State's Attorneys |
---|
| 4458 | + | 13 Appellate Prosecutor's Act. |
---|
| 4459 | + | 14 (16) "Commerce Commission police officer" means any |
---|
| 4460 | + | 15 person employed by the Illinois Commerce Commission who is |
---|
| 4461 | + | 16 vested with such law enforcement duties as render him |
---|
| 4462 | + | 17 ineligible for coverage under the Social Security Act by |
---|
| 4463 | + | 18 reason of Sections 218(d)(5)(A), 218(d)(8)(D), and |
---|
| 4464 | + | 19 218(l)(1) of that Act. |
---|
| 4465 | + | 20 (17) "Arson investigator" means any person who is |
---|
| 4466 | + | 21 employed as such by the Office of the State Fire Marshal |
---|
| 4467 | + | 22 and is vested with such law enforcement duties as render |
---|
| 4468 | + | 23 the person ineligible for coverage under the Social |
---|
| 4469 | + | 24 Security Act by reason of Sections 218(d)(5)(A), |
---|
| 4470 | + | 25 218(d)(8)(D), and 218(l)(1) of that Act. A person who was |
---|
| 4471 | + | 26 employed as an arson investigator on January 1, 1995 and |
---|
| 4472 | + | |
---|
| 4473 | + | |
---|
| 4474 | + | |
---|
| 4475 | + | |
---|
| 4476 | + | |
---|
| 4477 | + | HB2412 Enrolled - 125 - LRB103 05885 RLC 56341 b |
---|
| 4478 | + | |
---|
| 4479 | + | |
---|
| 4480 | + | HB2412 Enrolled- 126 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 126 - LRB103 05885 RLC 56341 b |
---|
| 4481 | + | HB2412 Enrolled - 126 - LRB103 05885 RLC 56341 b |
---|
| 4482 | + | 1 is no longer in service but not yet receiving a retirement |
---|
| 4483 | + | 2 annuity may convert his or her creditable service for |
---|
| 4484 | + | 3 employment as an arson investigator into eligible |
---|
| 4485 | + | 4 creditable service by paying to the System the difference |
---|
| 4486 | + | 5 between the employee contributions actually paid for that |
---|
| 4487 | + | 6 service and the amounts that would have been contributed |
---|
| 4488 | + | 7 if the applicant were contributing at the rate applicable |
---|
| 4489 | + | 8 to persons with the same social security status earning |
---|
| 4490 | + | 9 eligible creditable service on the date of application. |
---|
| 4491 | + | 10 (18) The term "State highway maintenance worker" means |
---|
| 4492 | + | 11 a person who is either of the following: |
---|
| 4493 | + | 12 (i) A person employed on a full-time basis by the |
---|
| 4494 | + | 13 Illinois Department of Transportation in the position |
---|
| 4495 | + | 14 of highway maintainer, highway maintenance lead |
---|
| 4496 | + | 15 worker, highway maintenance lead/lead worker, heavy |
---|
| 4497 | + | 16 construction equipment operator, power shovel |
---|
| 4498 | + | 17 operator, or bridge mechanic; and whose principal |
---|
| 4499 | + | 18 responsibility is to perform, on the roadway, the |
---|
| 4500 | + | 19 actual maintenance necessary to keep the highways that |
---|
| 4501 | + | 20 form a part of the State highway system in serviceable |
---|
| 4502 | + | 21 condition for vehicular traffic. |
---|
| 4503 | + | 22 (ii) A person employed on a full-time basis by the |
---|
| 4504 | + | 23 Illinois State Toll Highway Authority in the position |
---|
| 4505 | + | 24 of equipment operator/laborer H-4, equipment |
---|
| 4506 | + | 25 operator/laborer H-6, welder H-4, welder H-6, |
---|
| 4507 | + | 26 mechanical/electrical H-4, mechanical/electrical H-6, |
---|
| 4508 | + | |
---|
| 4509 | + | |
---|
| 4510 | + | |
---|
| 4511 | + | |
---|
| 4512 | + | |
---|
| 4513 | + | HB2412 Enrolled - 126 - LRB103 05885 RLC 56341 b |
---|
| 4514 | + | |
---|
| 4515 | + | |
---|
| 4516 | + | HB2412 Enrolled- 127 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 127 - LRB103 05885 RLC 56341 b |
---|
| 4517 | + | HB2412 Enrolled - 127 - LRB103 05885 RLC 56341 b |
---|
| 4518 | + | 1 water/sewer H-4, water/sewer H-6, sign maker/hanger |
---|
| 4519 | + | 2 H-4, sign maker/hanger H-6, roadway lighting H-4, |
---|
| 4520 | + | 3 roadway lighting H-6, structural H-4, structural H-6, |
---|
| 4521 | + | 4 painter H-4, or painter H-6; and whose principal |
---|
| 4522 | + | 5 responsibility is to perform, on the roadway, the |
---|
| 4523 | + | 6 actual maintenance necessary to keep the Authority's |
---|
| 4524 | + | 7 tollways in serviceable condition for vehicular |
---|
| 4525 | + | 8 traffic. |
---|
| 4526 | + | 9 (19) The term "security employee of the Department of |
---|
| 4527 | + | 10 Innovation and Technology" means a person who was a |
---|
| 4528 | + | 11 security employee of the Department of Corrections or the |
---|
| 4529 | + | 12 Department of Juvenile Justice, was transferred to the |
---|
| 4530 | + | 13 Department of Innovation and Technology pursuant to |
---|
| 4531 | + | 14 Executive Order 2016-01, and continues to perform similar |
---|
| 4532 | + | 15 job functions under that Department. |
---|
| 4533 | + | 16 (20) "Transferred employee" means an employee who was |
---|
| 4534 | + | 17 transferred to the Department of Central Management |
---|
| 4535 | + | 18 Services by Executive Order No. 2003-10 or Executive Order |
---|
| 4536 | + | 19 No. 2004-2 or transferred to the Department of Innovation |
---|
| 4537 | + | 20 and Technology by Executive Order No. 2016-1, or both, and |
---|
| 4538 | + | 21 was entitled to eligible creditable service for services |
---|
| 4539 | + | 22 immediately preceding the transfer. |
---|
| 4540 | + | 23 (d) A security employee of the Department of Corrections |
---|
| 4541 | + | 24 or the Department of Juvenile Justice, a security employee of |
---|
| 4542 | + | 25 the Department of Human Services who is not a mental health |
---|
| 4543 | + | 26 police officer, and a security employee of the Department of |
---|
| 4544 | + | |
---|
| 4545 | + | |
---|
| 4546 | + | |
---|
| 4547 | + | |
---|
| 4548 | + | |
---|
| 4549 | + | HB2412 Enrolled - 127 - LRB103 05885 RLC 56341 b |
---|
| 4550 | + | |
---|
| 4551 | + | |
---|
| 4552 | + | HB2412 Enrolled- 128 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 128 - LRB103 05885 RLC 56341 b |
---|
| 4553 | + | HB2412 Enrolled - 128 - LRB103 05885 RLC 56341 b |
---|
| 4554 | + | 1 Innovation and Technology shall not be eligible for the |
---|
| 4555 | + | 2 alternative retirement annuity provided by this Section unless |
---|
| 4556 | + | 3 he or she meets the following minimum age and service |
---|
| 4557 | + | 4 requirements at the time of retirement: |
---|
| 4558 | + | 5 (i) 25 years of eligible creditable service and age |
---|
| 4559 | + | 6 55; or |
---|
| 4560 | + | 7 (ii) beginning January 1, 1987, 25 years of eligible |
---|
| 4561 | + | 8 creditable service and age 54, or 24 years of eligible |
---|
| 4562 | + | 9 creditable service and age 55; or |
---|
| 4563 | + | 10 (iii) beginning January 1, 1988, 25 years of eligible |
---|
| 4564 | + | 11 creditable service and age 53, or 23 years of eligible |
---|
| 4565 | + | 12 creditable service and age 55; or |
---|
| 4566 | + | 13 (iv) beginning January 1, 1989, 25 years of eligible |
---|
| 4567 | + | 14 creditable service and age 52, or 22 years of eligible |
---|
| 4568 | + | 15 creditable service and age 55; or |
---|
| 4569 | + | 16 (v) beginning January 1, 1990, 25 years of eligible |
---|
| 4570 | + | 17 creditable service and age 51, or 21 years of eligible |
---|
| 4571 | + | 18 creditable service and age 55; or |
---|
| 4572 | + | 19 (vi) beginning January 1, 1991, 25 years of eligible |
---|
| 4573 | + | 20 creditable service and age 50, or 20 years of eligible |
---|
| 4574 | + | 21 creditable service and age 55. |
---|
| 4575 | + | 22 Persons who have service credit under Article 16 of this |
---|
| 4576 | + | 23 Code for service as a security employee of the Department of |
---|
| 4577 | + | 24 Corrections or the Department of Juvenile Justice, or the |
---|
| 4578 | + | 25 Department of Human Services in a position requiring |
---|
| 4579 | + | 26 certification as a teacher may count such service toward |
---|
| 4580 | + | |
---|
| 4581 | + | |
---|
| 4582 | + | |
---|
| 4583 | + | |
---|
| 4584 | + | |
---|
| 4585 | + | HB2412 Enrolled - 128 - LRB103 05885 RLC 56341 b |
---|
| 4586 | + | |
---|
| 4587 | + | |
---|
| 4588 | + | HB2412 Enrolled- 129 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 129 - LRB103 05885 RLC 56341 b |
---|
| 4589 | + | HB2412 Enrolled - 129 - LRB103 05885 RLC 56341 b |
---|
| 4590 | + | 1 establishing their eligibility under the service requirements |
---|
| 4591 | + | 2 of this Section; but such service may be used only for |
---|
| 4592 | + | 3 establishing such eligibility, and not for the purpose of |
---|
| 4593 | + | 4 increasing or calculating any benefit. |
---|
| 4594 | + | 5 (e) If a member enters military service while working in a |
---|
| 4595 | + | 6 position in which eligible creditable service may be earned, |
---|
| 4596 | + | 7 and returns to State service in the same or another such |
---|
| 4597 | + | 8 position, and fulfills in all other respects the conditions |
---|
| 4598 | + | 9 prescribed in this Article for credit for military service, |
---|
| 4599 | + | 10 such military service shall be credited as eligible creditable |
---|
| 4600 | + | 11 service for the purposes of the retirement annuity prescribed |
---|
| 4601 | + | 12 in this Section. |
---|
| 4602 | + | 13 (f) For purposes of calculating retirement annuities under |
---|
| 4603 | + | 14 this Section, periods of service rendered after December 31, |
---|
| 4604 | + | 15 1968 and before October 1, 1975 as a covered employee in the |
---|
| 4605 | + | 16 position of special agent, conservation police officer, mental |
---|
| 4606 | + | 17 health police officer, or investigator for the Secretary of |
---|
| 4607 | + | 18 State, shall be deemed to have been service as a noncovered |
---|
| 4608 | + | 19 employee, provided that the employee pays to the System prior |
---|
| 4609 | + | 20 to retirement an amount equal to (1) the difference between |
---|
| 4610 | + | 21 the employee contributions that would have been required for |
---|
| 4611 | + | 22 such service as a noncovered employee, and the amount of |
---|
| 4612 | + | 23 employee contributions actually paid, plus (2) if payment is |
---|
| 4613 | + | 24 made after July 31, 1987, regular interest on the amount |
---|
| 4614 | + | 25 specified in item (1) from the date of service to the date of |
---|
| 4615 | + | 26 payment. |
---|
| 4616 | + | |
---|
| 4617 | + | |
---|
| 4618 | + | |
---|
| 4619 | + | |
---|
| 4620 | + | |
---|
| 4621 | + | HB2412 Enrolled - 129 - LRB103 05885 RLC 56341 b |
---|
| 4622 | + | |
---|
| 4623 | + | |
---|
| 4624 | + | HB2412 Enrolled- 130 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 130 - LRB103 05885 RLC 56341 b |
---|
| 4625 | + | HB2412 Enrolled - 130 - LRB103 05885 RLC 56341 b |
---|
| 4626 | + | 1 For purposes of calculating retirement annuities under |
---|
| 4627 | + | 2 this Section, periods of service rendered after December 31, |
---|
| 4628 | + | 3 1968 and before January 1, 1982 as a covered employee in the |
---|
| 4629 | + | 4 position of investigator for the Department of Revenue shall |
---|
| 4630 | + | 5 be deemed to have been service as a noncovered employee, |
---|
| 4631 | + | 6 provided that the employee pays to the System prior to |
---|
| 4632 | + | 7 retirement an amount equal to (1) the difference between the |
---|
| 4633 | + | 8 employee contributions that would have been required for such |
---|
| 4634 | + | 9 service as a noncovered employee, and the amount of employee |
---|
| 4635 | + | 10 contributions actually paid, plus (2) if payment is made after |
---|
| 4636 | + | 11 January 1, 1990, regular interest on the amount specified in |
---|
| 4637 | + | 12 item (1) from the date of service to the date of payment. |
---|
| 4638 | + | 13 (g) A State policeman may elect, not later than January 1, |
---|
| 4639 | + | 14 1990, to establish eligible creditable service for up to 10 |
---|
| 4640 | + | 15 years of his service as a policeman under Article 3, by filing |
---|
| 4641 | + | 16 a written election with the Board, accompanied by payment of |
---|
| 4642 | + | 17 an amount to be determined by the Board, equal to (i) the |
---|
| 4643 | + | 18 difference between the amount of employee and employer |
---|
| 4644 | + | 19 contributions transferred to the System under Section 3-110.5, |
---|
| 4645 | + | 20 and the amounts that would have been contributed had such |
---|
| 4646 | + | 21 contributions been made at the rates applicable to State |
---|
| 4647 | + | 22 policemen, plus (ii) interest thereon at the effective rate |
---|
| 4648 | + | 23 for each year, compounded annually, from the date of service |
---|
| 4649 | + | 24 to the date of payment. |
---|
| 4650 | + | 25 Subject to the limitation in subsection (i), a State |
---|
| 4651 | + | 26 policeman may elect, not later than July 1, 1993, to establish |
---|
| 4652 | + | |
---|
| 4653 | + | |
---|
| 4654 | + | |
---|
| 4655 | + | |
---|
| 4656 | + | |
---|
| 4657 | + | HB2412 Enrolled - 130 - LRB103 05885 RLC 56341 b |
---|
| 4658 | + | |
---|
| 4659 | + | |
---|
| 4660 | + | HB2412 Enrolled- 131 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 131 - LRB103 05885 RLC 56341 b |
---|
| 4661 | + | HB2412 Enrolled - 131 - LRB103 05885 RLC 56341 b |
---|
| 4662 | + | 1 eligible creditable service for up to 10 years of his service |
---|
| 4663 | + | 2 as a member of the County Police Department under Article 9, by |
---|
| 4664 | + | 3 filing a written election with the Board, accompanied by |
---|
| 4665 | + | 4 payment of an amount to be determined by the Board, equal to |
---|
| 4666 | + | 5 (i) the difference between the amount of employee and employer |
---|
| 4667 | + | 6 contributions transferred to the System under Section 9-121.10 |
---|
| 4668 | + | 7 and the amounts that would have been contributed had those |
---|
| 4669 | + | 8 contributions been made at the rates applicable to State |
---|
| 4670 | + | 9 policemen, plus (ii) interest thereon at the effective rate |
---|
| 4671 | + | 10 for each year, compounded annually, from the date of service |
---|
| 4672 | + | 11 to the date of payment. |
---|
| 4673 | + | 12 (h) Subject to the limitation in subsection (i), a State |
---|
| 4674 | + | 13 policeman or investigator for the Secretary of State may elect |
---|
| 4675 | + | 14 to establish eligible creditable service for up to 12 years of |
---|
| 4676 | + | 15 his service as a policeman under Article 5, by filing a written |
---|
| 4677 | + | 16 election with the Board on or before January 31, 1992, and |
---|
| 4678 | + | 17 paying to the System by January 31, 1994 an amount to be |
---|
| 4679 | + | 18 determined by the Board, equal to (i) the difference between |
---|
| 4680 | + | 19 the amount of employee and employer contributions transferred |
---|
| 4681 | + | 20 to the System under Section 5-236, and the amounts that would |
---|
| 4682 | + | 21 have been contributed had such contributions been made at the |
---|
| 4683 | + | 22 rates applicable to State policemen, plus (ii) interest |
---|
| 4684 | + | 23 thereon at the effective rate for each year, compounded |
---|
| 4685 | + | 24 annually, from the date of service to the date of payment. |
---|
| 4686 | + | 25 Subject to the limitation in subsection (i), a State |
---|
| 4687 | + | 26 policeman, conservation police officer, or investigator for |
---|
| 4688 | + | |
---|
| 4689 | + | |
---|
| 4690 | + | |
---|
| 4691 | + | |
---|
| 4692 | + | |
---|
| 4693 | + | HB2412 Enrolled - 131 - LRB103 05885 RLC 56341 b |
---|
| 4694 | + | |
---|
| 4695 | + | |
---|
| 4696 | + | HB2412 Enrolled- 132 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 132 - LRB103 05885 RLC 56341 b |
---|
| 4697 | + | HB2412 Enrolled - 132 - LRB103 05885 RLC 56341 b |
---|
| 4698 | + | 1 the Secretary of State may elect to establish eligible |
---|
| 4699 | + | 2 creditable service for up to 10 years of service as a sheriff's |
---|
| 4700 | + | 3 law enforcement employee under Article 7, by filing a written |
---|
| 4701 | + | 4 election with the Board on or before January 31, 1993, and |
---|
| 4702 | + | 5 paying to the System by January 31, 1994 an amount to be |
---|
| 4703 | + | 6 determined by the Board, equal to (i) the difference between |
---|
| 4704 | + | 7 the amount of employee and employer contributions transferred |
---|
| 4705 | + | 8 to the System under Section 7-139.7, and the amounts that |
---|
| 4706 | + | 9 would have been contributed had such contributions been made |
---|
| 4707 | + | 10 at the rates applicable to State policemen, plus (ii) interest |
---|
| 4708 | + | 11 thereon at the effective rate for each year, compounded |
---|
| 4709 | + | 12 annually, from the date of service to the date of payment. |
---|
| 4710 | + | 13 Subject to the limitation in subsection (i), a State |
---|
| 4711 | + | 14 policeman, conservation police officer, or investigator for |
---|
| 4712 | + | 15 the Secretary of State may elect to establish eligible |
---|
| 4713 | + | 16 creditable service for up to 5 years of service as a police |
---|
| 4714 | + | 17 officer under Article 3, a policeman under Article 5, a |
---|
| 4715 | + | 18 sheriff's law enforcement employee under Article 7, a member |
---|
| 4716 | + | 19 of the county police department under Article 9, or a police |
---|
| 4717 | + | 20 officer under Article 15 by filing a written election with the |
---|
| 4718 | + | 21 Board and paying to the System an amount to be determined by |
---|
| 4719 | + | 22 the Board, equal to (i) the difference between the amount of |
---|
| 4720 | + | 23 employee and employer contributions transferred to the System |
---|
| 4721 | + | 24 under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4 |
---|
| 4722 | + | 25 and the amounts that would have been contributed had such |
---|
| 4723 | + | 26 contributions been made at the rates applicable to State |
---|
| 4724 | + | |
---|
| 4725 | + | |
---|
| 4726 | + | |
---|
| 4727 | + | |
---|
| 4728 | + | |
---|
| 4729 | + | HB2412 Enrolled - 132 - LRB103 05885 RLC 56341 b |
---|
| 4730 | + | |
---|
| 4731 | + | |
---|
| 4732 | + | HB2412 Enrolled- 133 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 133 - LRB103 05885 RLC 56341 b |
---|
| 4733 | + | HB2412 Enrolled - 133 - LRB103 05885 RLC 56341 b |
---|
| 4734 | + | 1 policemen, plus (ii) interest thereon at the effective rate |
---|
| 4735 | + | 2 for each year, compounded annually, from the date of service |
---|
| 4736 | + | 3 to the date of payment. |
---|
| 4737 | + | 4 Subject to the limitation in subsection (i), an |
---|
| 4738 | + | 5 investigator for the Office of the Attorney General, or an |
---|
| 4739 | + | 6 investigator for the Department of Revenue, may elect to |
---|
| 4740 | + | 7 establish eligible creditable service for up to 5 years of |
---|
| 4741 | + | 8 service as a police officer under Article 3, a policeman under |
---|
| 4742 | + | 9 Article 5, a sheriff's law enforcement employee under Article |
---|
| 4743 | + | 10 7, or a member of the county police department under Article 9 |
---|
| 4744 | + | 11 by filing a written election with the Board within 6 months |
---|
| 4745 | + | 12 after August 25, 2009 (the effective date of Public Act |
---|
| 4746 | + | 13 96-745) and paying to the System an amount to be determined by |
---|
| 4747 | + | 14 the Board, equal to (i) the difference between the amount of |
---|
| 4748 | + | 15 employee and employer contributions transferred to the System |
---|
| 4749 | + | 16 under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the |
---|
| 4750 | + | 17 amounts that would have been contributed had such |
---|
| 4751 | + | 18 contributions been made at the rates applicable to State |
---|
| 4752 | + | 19 policemen, plus (ii) interest thereon at the actuarially |
---|
| 4753 | + | 20 assumed rate for each year, compounded annually, from the date |
---|
| 4754 | + | 21 of service to the date of payment. |
---|
| 4755 | + | 22 Subject to the limitation in subsection (i), a State |
---|
| 4756 | + | 23 policeman, conservation police officer, investigator for the |
---|
| 4757 | + | 24 Office of the Attorney General, an investigator for the |
---|
| 4758 | + | 25 Department of Revenue, or investigator for the Secretary of |
---|
| 4759 | + | 26 State may elect to establish eligible creditable service for |
---|
| 4760 | + | |
---|
| 4761 | + | |
---|
| 4762 | + | |
---|
| 4763 | + | |
---|
| 4764 | + | |
---|
| 4765 | + | HB2412 Enrolled - 133 - LRB103 05885 RLC 56341 b |
---|
| 4766 | + | |
---|
| 4767 | + | |
---|
| 4768 | + | HB2412 Enrolled- 134 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 134 - LRB103 05885 RLC 56341 b |
---|
| 4769 | + | HB2412 Enrolled - 134 - LRB103 05885 RLC 56341 b |
---|
| 4770 | + | 1 up to 5 years of service as a person employed by a |
---|
| 4771 | + | 2 participating municipality to perform police duties, or law |
---|
| 4772 | + | 3 enforcement officer employed on a full-time basis by a forest |
---|
| 4773 | + | 4 preserve district under Article 7, a county corrections |
---|
| 4774 | + | 5 officer, or a court services officer under Article 9, by |
---|
| 4775 | + | 6 filing a written election with the Board within 6 months after |
---|
| 4776 | + | 7 August 25, 2009 (the effective date of Public Act 96-745) and |
---|
| 4777 | + | 8 paying to the System an amount to be determined by the Board, |
---|
| 4778 | + | 9 equal to (i) the difference between the amount of employee and |
---|
| 4779 | + | 10 employer contributions transferred to the System under |
---|
| 4780 | + | 11 Sections 7-139.8 and 9-121.10 and the amounts that would have |
---|
| 4781 | + | 12 been contributed had such contributions been made at the rates |
---|
| 4782 | + | 13 applicable to State policemen, plus (ii) interest thereon at |
---|
| 4783 | + | 14 the actuarially assumed rate for each year, compounded |
---|
| 4784 | + | 15 annually, from the date of service to the date of payment. |
---|
| 4785 | + | 16 Subject to the limitation in subsection (i), a State |
---|
| 4786 | + | 17 policeman, arson investigator, or Commerce Commission police |
---|
| 4787 | + | 18 officer may elect to establish eligible creditable service for |
---|
| 4788 | + | 19 up to 5 years of service as a person employed by a |
---|
| 4789 | + | 20 participating municipality to perform police duties under |
---|
| 4790 | + | 21 Article 7, a county corrections officer, a court services |
---|
| 4791 | + | 22 officer under Article 9, or a firefighter under Article 4 by |
---|
| 4792 | + | 23 filing a written election with the Board within 6 months after |
---|
| 4793 | + | 24 July 30, 2021 (the effective date of Public Act 102-210) and |
---|
| 4794 | + | 25 paying to the System an amount to be determined by the Board |
---|
| 4795 | + | 26 equal to (i) the difference between the amount of employee and |
---|
| 4796 | + | |
---|
| 4797 | + | |
---|
| 4798 | + | |
---|
| 4799 | + | |
---|
| 4800 | + | |
---|
| 4801 | + | HB2412 Enrolled - 134 - LRB103 05885 RLC 56341 b |
---|
| 4802 | + | |
---|
| 4803 | + | |
---|
| 4804 | + | HB2412 Enrolled- 135 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 135 - LRB103 05885 RLC 56341 b |
---|
| 4805 | + | HB2412 Enrolled - 135 - LRB103 05885 RLC 56341 b |
---|
| 4806 | + | 1 employer contributions transferred to the System under |
---|
| 4807 | + | 2 Sections 4-108.8, 7-139.8, and 9-121.10 and the amounts that |
---|
| 4808 | + | 3 would have been contributed had such contributions been made |
---|
| 4809 | + | 4 at the rates applicable to State policemen, plus (ii) interest |
---|
| 4810 | + | 5 thereon at the actuarially assumed rate for each year, |
---|
| 4811 | + | 6 compounded annually, from the date of service to the date of |
---|
| 4812 | + | 7 payment. |
---|
| 4813 | + | 8 Subject to the limitation in subsection (i), a |
---|
| 4814 | + | 9 conservation police officer may elect to establish eligible |
---|
| 4815 | + | 10 creditable service for up to 5 years of service as a person |
---|
| 4816 | + | 11 employed by a participating municipality to perform police |
---|
| 4817 | + | 12 duties under Article 7, a county corrections officer, or a |
---|
| 4818 | + | 13 court services officer under Article 9 by filing a written |
---|
| 4819 | + | 14 election with the Board within 6 months after July 30, 2021 |
---|
| 4820 | + | 15 (the effective date of Public Act 102-210) and paying to the |
---|
| 4821 | + | 16 System an amount to be determined by the Board equal to (i) the |
---|
| 4822 | + | 17 difference between the amount of employee and employer |
---|
| 4823 | + | 18 contributions transferred to the System under Sections 7-139.8 |
---|
| 4824 | + | 19 and 9-121.10 and the amounts that would have been contributed |
---|
| 4825 | + | 20 had such contributions been made at the rates applicable to |
---|
| 4826 | + | 21 State policemen, plus (ii) interest thereon at the actuarially |
---|
| 4827 | + | 22 assumed rate for each year, compounded annually, from the date |
---|
| 4828 | + | 23 of service to the date of payment. |
---|
| 4829 | + | 24 Notwithstanding the limitation in subsection (i), a State |
---|
| 4830 | + | 25 policeman or conservation police officer may elect to convert |
---|
| 4831 | + | 26 service credit earned under this Article to eligible |
---|
| 4832 | + | |
---|
| 4833 | + | |
---|
| 4834 | + | |
---|
| 4835 | + | |
---|
| 4836 | + | |
---|
| 4837 | + | HB2412 Enrolled - 135 - LRB103 05885 RLC 56341 b |
---|
| 4838 | + | |
---|
| 4839 | + | |
---|
| 4840 | + | HB2412 Enrolled- 136 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 136 - LRB103 05885 RLC 56341 b |
---|
| 4841 | + | HB2412 Enrolled - 136 - LRB103 05885 RLC 56341 b |
---|
| 4842 | + | 1 creditable service, as defined by this Section, by filing a |
---|
| 4843 | + | 2 written election with the board within 6 months after July 30, |
---|
| 4844 | + | 3 2021 (the effective date of Public Act 102-210) and paying to |
---|
| 4845 | + | 4 the System an amount to be determined by the Board equal to (i) |
---|
| 4846 | + | 5 the difference between the amount of employee contributions |
---|
| 4847 | + | 6 originally paid for that service and the amounts that would |
---|
| 4848 | + | 7 have been contributed had such contributions been made at the |
---|
| 4849 | + | 8 rates applicable to State policemen, plus (ii) the difference |
---|
| 4850 | + | 9 between the employer's normal cost of the credit prior to the |
---|
| 4851 | + | 10 conversion authorized by Public Act 102-210 and the employer's |
---|
| 4852 | + | 11 normal cost of the credit converted in accordance with Public |
---|
| 4853 | + | 12 Act 102-210, plus (iii) interest thereon at the actuarially |
---|
| 4854 | + | 13 assumed rate for each year, compounded annually, from the date |
---|
| 4855 | + | 14 of service to the date of payment. |
---|
| 4856 | + | 15 (i) The total amount of eligible creditable service |
---|
| 4857 | + | 16 established by any person under subsections (g), (h), (j), |
---|
| 4858 | + | 17 (k), (l), (l-5), (o), and (p) of this Section shall not exceed |
---|
| 4859 | + | 18 12 years. |
---|
| 4860 | + | 19 (j) Subject to the limitation in subsection (i), an |
---|
| 4861 | + | 20 investigator for the Office of the State's Attorneys Appellate |
---|
| 4862 | + | 21 Prosecutor or a controlled substance inspector may elect to |
---|
| 4863 | + | 22 establish eligible creditable service for up to 10 years of |
---|
| 4864 | + | 23 his service as a policeman under Article 3 or a sheriff's law |
---|
| 4865 | + | 24 enforcement employee under Article 7, by filing a written |
---|
| 4866 | + | 25 election with the Board, accompanied by payment of an amount |
---|
| 4867 | + | 26 to be determined by the Board, equal to (1) the difference |
---|
| 4868 | + | |
---|
| 4869 | + | |
---|
| 4870 | + | |
---|
| 4871 | + | |
---|
| 4872 | + | |
---|
| 4873 | + | HB2412 Enrolled - 136 - LRB103 05885 RLC 56341 b |
---|
| 4874 | + | |
---|
| 4875 | + | |
---|
| 4876 | + | HB2412 Enrolled- 137 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 137 - LRB103 05885 RLC 56341 b |
---|
| 4877 | + | HB2412 Enrolled - 137 - LRB103 05885 RLC 56341 b |
---|
| 4878 | + | 1 between the amount of employee and employer contributions |
---|
| 4879 | + | 2 transferred to the System under Section 3-110.6 or 7-139.8, |
---|
| 4880 | + | 3 and the amounts that would have been contributed had such |
---|
| 4881 | + | 4 contributions been made at the rates applicable to State |
---|
| 4882 | + | 5 policemen, plus (2) interest thereon at the effective rate for |
---|
| 4883 | + | 6 each year, compounded annually, from the date of service to |
---|
| 4884 | + | 7 the date of payment. |
---|
| 4885 | + | 8 (k) Subject to the limitation in subsection (i) of this |
---|
| 4886 | + | 9 Section, an alternative formula employee may elect to |
---|
| 4887 | + | 10 establish eligible creditable service for periods spent as a |
---|
| 4888 | + | 11 full-time law enforcement officer or full-time corrections |
---|
| 4889 | + | 12 officer employed by the federal government or by a state or |
---|
| 4890 | + | 13 local government located outside of Illinois, for which credit |
---|
| 4891 | + | 14 is not held in any other public employee pension fund or |
---|
| 4892 | + | 15 retirement system. To obtain this credit, the applicant must |
---|
| 4893 | + | 16 file a written application with the Board by March 31, 1998, |
---|
| 4894 | + | 17 accompanied by evidence of eligibility acceptable to the Board |
---|
| 4895 | + | 18 and payment of an amount to be determined by the Board, equal |
---|
| 4896 | + | 19 to (1) employee contributions for the credit being |
---|
| 4897 | + | 20 established, based upon the applicant's salary on the first |
---|
| 4898 | + | 21 day as an alternative formula employee after the employment |
---|
| 4899 | + | 22 for which credit is being established and the rates then |
---|
| 4900 | + | 23 applicable to alternative formula employees, plus (2) an |
---|
| 4901 | + | 24 amount determined by the Board to be the employer's normal |
---|
| 4902 | + | 25 cost of the benefits accrued for the credit being established, |
---|
| 4903 | + | 26 plus (3) regular interest on the amounts in items (1) and (2) |
---|
| 4904 | + | |
---|
| 4905 | + | |
---|
| 4906 | + | |
---|
| 4907 | + | |
---|
| 4908 | + | |
---|
| 4909 | + | HB2412 Enrolled - 137 - LRB103 05885 RLC 56341 b |
---|
| 4910 | + | |
---|
| 4911 | + | |
---|
| 4912 | + | HB2412 Enrolled- 138 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 138 - LRB103 05885 RLC 56341 b |
---|
| 4913 | + | HB2412 Enrolled - 138 - LRB103 05885 RLC 56341 b |
---|
| 4914 | + | 1 from the first day as an alternative formula employee after |
---|
| 4915 | + | 2 the employment for which credit is being established to the |
---|
| 4916 | + | 3 date of payment. |
---|
| 4917 | + | 4 (l) Subject to the limitation in subsection (i), a |
---|
| 4918 | + | 5 security employee of the Department of Corrections may elect, |
---|
| 4919 | + | 6 not later than July 1, 1998, to establish eligible creditable |
---|
| 4920 | + | 7 service for up to 10 years of his or her service as a policeman |
---|
| 4921 | + | 8 under Article 3, by filing a written election with the Board, |
---|
| 4922 | + | 9 accompanied by payment of an amount to be determined by the |
---|
| 4923 | + | 10 Board, equal to (i) the difference between the amount of |
---|
| 4924 | + | 11 employee and employer contributions transferred to the System |
---|
| 4925 | + | 12 under Section 3-110.5, and the amounts that would have been |
---|
| 4926 | + | 13 contributed had such contributions been made at the rates |
---|
| 4927 | + | 14 applicable to security employees of the Department of |
---|
| 4928 | + | 15 Corrections, plus (ii) interest thereon at the effective rate |
---|
| 4929 | + | 16 for each year, compounded annually, from the date of service |
---|
| 4930 | + | 17 to the date of payment. |
---|
| 4931 | + | 18 (l-5) Subject to the limitation in subsection (i) of this |
---|
| 4932 | + | 19 Section, a State policeman may elect to establish eligible |
---|
| 4933 | + | 20 creditable service for up to 5 years of service as a full-time |
---|
| 4934 | + | 21 law enforcement officer employed by the federal government or |
---|
| 4935 | + | 22 by a state or local government located outside of Illinois for |
---|
| 4936 | + | 23 which credit is not held in any other public employee pension |
---|
| 4937 | + | 24 fund or retirement system. To obtain this credit, the |
---|
| 4938 | + | 25 applicant must file a written application with the Board no |
---|
| 4939 | + | 26 later than 3 years after January 1, 2020 (the effective date of |
---|
| 4940 | + | |
---|
| 4941 | + | |
---|
| 4942 | + | |
---|
| 4943 | + | |
---|
| 4944 | + | |
---|
| 4945 | + | HB2412 Enrolled - 138 - LRB103 05885 RLC 56341 b |
---|
| 4946 | + | |
---|
| 4947 | + | |
---|
| 4948 | + | HB2412 Enrolled- 139 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 139 - LRB103 05885 RLC 56341 b |
---|
| 4949 | + | HB2412 Enrolled - 139 - LRB103 05885 RLC 56341 b |
---|
| 4950 | + | 1 Public Act 101-610), accompanied by evidence of eligibility |
---|
| 4951 | + | 2 acceptable to the Board and payment of an amount to be |
---|
| 4952 | + | 3 determined by the Board, equal to (1) employee contributions |
---|
| 4953 | + | 4 for the credit being established, based upon the applicant's |
---|
| 4954 | + | 5 salary on the first day as an alternative formula employee |
---|
| 4955 | + | 6 after the employment for which credit is being established and |
---|
| 4956 | + | 7 the rates then applicable to alternative formula employees, |
---|
| 4957 | + | 8 plus (2) an amount determined by the Board to be the employer's |
---|
| 4958 | + | 9 normal cost of the benefits accrued for the credit being |
---|
| 4959 | + | 10 established, plus (3) regular interest on the amounts in items |
---|
| 4960 | + | 11 (1) and (2) from the first day as an alternative formula |
---|
| 4961 | + | 12 employee after the employment for which credit is being |
---|
| 4962 | + | 13 established to the date of payment. |
---|
| 4963 | + | 14 (m) The amendatory changes to this Section made by Public |
---|
| 4964 | + | 15 Act 94-696 apply only to: (1) security employees of the |
---|
| 4965 | + | 16 Department of Juvenile Justice employed by the Department of |
---|
| 4966 | + | 17 Corrections before June 1, 2006 (the effective date of Public |
---|
| 4967 | + | 18 Act 94-696) and transferred to the Department of Juvenile |
---|
| 4968 | + | 19 Justice by Public Act 94-696; and (2) persons employed by the |
---|
| 4969 | + | 20 Department of Juvenile Justice on or after June 1, 2006 (the |
---|
| 4970 | + | 21 effective date of Public Act 94-696) who are required by |
---|
| 4971 | + | 22 subsection (b) of Section 3-2.5-15 of the Unified Code of |
---|
| 4972 | + | 23 Corrections to have any bachelor's or advanced degree from an |
---|
| 4973 | + | 24 accredited college or university or, in the case of persons |
---|
| 4974 | + | 25 who provide vocational training, who are required to have |
---|
| 4975 | + | 26 adequate knowledge in the skill for which they are providing |
---|
| 4976 | + | |
---|
| 4977 | + | |
---|
| 4978 | + | |
---|
| 4979 | + | |
---|
| 4980 | + | |
---|
| 4981 | + | HB2412 Enrolled - 139 - LRB103 05885 RLC 56341 b |
---|
| 4982 | + | |
---|
| 4983 | + | |
---|
| 4984 | + | HB2412 Enrolled- 140 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 140 - LRB103 05885 RLC 56341 b |
---|
| 4985 | + | HB2412 Enrolled - 140 - LRB103 05885 RLC 56341 b |
---|
| 4986 | + | 1 the vocational training. |
---|
| 4987 | + | 2 (n) A person employed in a position under subsection (b) |
---|
| 4988 | + | 3 of this Section who has purchased service credit under |
---|
| 4989 | + | 4 subsection (j) of Section 14-104 or subsection (b) of Section |
---|
| 4990 | + | 5 14-105 in any other capacity under this Article may convert up |
---|
| 4991 | + | 6 to 5 years of that service credit into service credit covered |
---|
| 4992 | + | 7 under this Section by paying to the Fund an amount equal to (1) |
---|
| 4993 | + | 8 the additional employee contribution required under Section |
---|
| 4994 | + | 9 14-133, plus (2) the additional employer contribution required |
---|
| 4995 | + | 10 under Section 14-131, plus (3) interest on items (1) and (2) at |
---|
| 4996 | + | 11 the actuarially assumed rate from the date of the service to |
---|
| 4997 | + | 12 the date of payment. |
---|
| 4998 | + | 13 (o) Subject to the limitation in subsection (i), a |
---|
| 4999 | + | 14 conservation police officer, investigator for the Secretary of |
---|
| 5000 | + | 15 State, Commerce Commission police officer, investigator for |
---|
| 5001 | + | 16 the Department of Revenue or the Illinois Gaming Board, or |
---|
| 5002 | + | 17 arson investigator subject to subsection (g) of Section 1-160 |
---|
| 5003 | + | 18 may elect to convert up to 8 years of service credit |
---|
| 5004 | + | 19 established before January 1, 2020 (the effective date of |
---|
| 5005 | + | 20 Public Act 101-610) as a conservation police officer, |
---|
| 5006 | + | 21 investigator for the Secretary of State, Commerce Commission |
---|
| 5007 | + | 22 police officer, investigator for the Department of Revenue or |
---|
| 5008 | + | 23 the Illinois Gaming Board, or arson investigator under this |
---|
| 5009 | + | 24 Article into eligible creditable service by filing a written |
---|
| 5010 | + | 25 election with the Board no later than one year after January 1, |
---|
| 5011 | + | 26 2020 (the effective date of Public Act 101-610), accompanied |
---|
| 5012 | + | |
---|
| 5013 | + | |
---|
| 5014 | + | |
---|
| 5015 | + | |
---|
| 5016 | + | |
---|
| 5017 | + | HB2412 Enrolled - 140 - LRB103 05885 RLC 56341 b |
---|
| 5018 | + | |
---|
| 5019 | + | |
---|
| 5020 | + | HB2412 Enrolled- 141 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 141 - LRB103 05885 RLC 56341 b |
---|
| 5021 | + | HB2412 Enrolled - 141 - LRB103 05885 RLC 56341 b |
---|
| 5022 | + | 1 by payment of an amount to be determined by the Board equal to |
---|
| 5023 | + | 2 (i) the difference between the amount of the employee |
---|
| 5024 | + | 3 contributions actually paid for that service and the amount of |
---|
| 5025 | + | 4 the employee contributions that would have been paid had the |
---|
| 5026 | + | 5 employee contributions been made as a noncovered employee |
---|
| 5027 | + | 6 serving in a position in which eligible creditable service, as |
---|
| 5028 | + | 7 defined in this Section, may be earned, plus (ii) interest |
---|
| 5029 | + | 8 thereon at the effective rate for each year, compounded |
---|
| 5030 | + | 9 annually, from the date of service to the date of payment. |
---|
| 5031 | + | 10 (p) Subject to the limitation in subsection (i), an |
---|
| 5032 | + | 11 investigator for the Office of the Attorney General subject to |
---|
| 5033 | + | 12 subsection (g) of Section 1-160 may elect to convert up to 8 |
---|
| 5034 | + | 13 years of service credit established before the effective date |
---|
| 5035 | + | 14 of this amendatory Act of the 102nd General Assembly as an |
---|
| 5036 | + | 15 investigator for the Office of the Attorney General under this |
---|
| 5037 | + | 16 Article into eligible creditable service by filing a written |
---|
| 5038 | + | 17 election with the Board no later than one year after the |
---|
| 5039 | + | 18 effective date of this amendatory Act of the 102nd General |
---|
| 5040 | + | 19 Assembly, accompanied by payment of an amount to be determined |
---|
| 5041 | + | 20 by the Board equal to (i) the difference between the amount of |
---|
| 5042 | + | 21 the employee contributions actually paid for that service and |
---|
| 5043 | + | 22 the amount of the employee contributions that would have been |
---|
| 5044 | + | 23 paid had the employee contributions been made as a noncovered |
---|
| 5045 | + | 24 employee serving in a position in which eligible creditable |
---|
| 5046 | + | 25 service, as defined in this Section, may be earned, plus (ii) |
---|
| 5047 | + | 26 interest thereon at the effective rate for each year, |
---|
| 5048 | + | |
---|
| 5049 | + | |
---|
| 5050 | + | |
---|
| 5051 | + | |
---|
| 5052 | + | |
---|
| 5053 | + | HB2412 Enrolled - 141 - LRB103 05885 RLC 56341 b |
---|
| 5054 | + | |
---|
| 5055 | + | |
---|
| 5056 | + | HB2412 Enrolled- 142 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 142 - LRB103 05885 RLC 56341 b |
---|
| 5057 | + | HB2412 Enrolled - 142 - LRB103 05885 RLC 56341 b |
---|
| 5058 | + | 1 compounded annually, from the date of service to the date of |
---|
| 5059 | + | 2 payment. |
---|
| 5060 | + | 3 (Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21; |
---|
| 5061 | + | 4 102-538, eff. 8-20-21; 102-956, eff. 5-27-22.) |
---|
| 5062 | + | 5 Section 45. The Intergovernmental Missing Child Recovery |
---|
| 5063 | + | 6 Act of 1984 is amended by changing Section 6 as follows: |
---|
| 5064 | + | 7 (325 ILCS 40/6) (from Ch. 23, par. 2256) |
---|
| 5065 | + | 8 Sec. 6. The Illinois State Police shall: |
---|
| 5066 | + | 9 (a) Utilize the statewide Law Enforcement Agencies Data |
---|
| 5067 | + | 10 System (LEADS) for the purpose of effecting an immediate law |
---|
| 5068 | + | 11 enforcement response to reports of missing children. The |
---|
| 5069 | + | 12 Illinois State Police shall implement an automated data |
---|
| 5070 | + | 13 exchange system to compile, to maintain and to make available |
---|
| 5071 | + | 14 for dissemination to Illinois and out-of-State law enforcement |
---|
| 5072 | + | 15 agencies, data which can assist appropriate agencies in |
---|
| 5073 | + | 16 recovering missing children. |
---|
| 5074 | + | 17 (b) Establish contacts and exchange information regarding |
---|
| 5075 | + | 18 lost, missing or runaway children with nationally recognized |
---|
| 5076 | + | 19 "missing person and runaway" service organizations and monitor |
---|
| 5077 | + | 20 national research and publicize important developments. |
---|
| 5078 | + | 21 (c) Provide a uniform reporting format for the entry of |
---|
| 5079 | + | 22 pertinent information regarding reports of missing children |
---|
| 5080 | + | 23 into LEADS. |
---|
| 5081 | + | 24 (d) Develop and implement a policy whereby a statewide or |
---|
| 5082 | + | |
---|
| 5083 | + | |
---|
| 5084 | + | |
---|
| 5085 | + | |
---|
| 5086 | + | |
---|
| 5087 | + | HB2412 Enrolled - 142 - LRB103 05885 RLC 56341 b |
---|
| 5088 | + | |
---|
| 5089 | + | |
---|
| 5090 | + | HB2412 Enrolled- 143 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 143 - LRB103 05885 RLC 56341 b |
---|
| 5091 | + | HB2412 Enrolled - 143 - LRB103 05885 RLC 56341 b |
---|
| 5092 | + | 1 regional alert would be used in situations relating to the |
---|
| 5093 | + | 2 disappearances of children, based on criteria and in a format |
---|
| 5094 | + | 3 established by the Illinois State Police. Such a format shall |
---|
| 5095 | + | 4 include, but not be limited to, the age and physical |
---|
| 5096 | + | 5 description of the missing child and the suspected |
---|
| 5097 | + | 6 circumstances of the disappearance. |
---|
| 5098 | + | 7 (e) Notify all law enforcement agencies that reports of |
---|
| 5099 | + | 8 missing persons shall be entered as soon as the minimum level |
---|
| 5100 | + | 9 of data specified by the Illinois State Police is available to |
---|
| 5101 | + | 10 the reporting agency and that no waiting period for entry of |
---|
| 5102 | + | 11 such data exists. |
---|
| 5103 | + | 12 (f) Provide a procedure for prompt confirmation of the |
---|
| 5104 | + | 13 receipt and entry of the missing child report into LEADS to the |
---|
| 5105 | + | 14 parent or guardian of the missing child. |
---|
| 5106 | + | 15 (g) Compile and retain information regarding missing |
---|
| 5107 | + | 16 children in a separate data file, in a manner that allows such |
---|
| 5108 | + | 17 information to be used by law enforcement and other agencies |
---|
| 5109 | + | 18 deemed appropriate by the Director, for investigative |
---|
| 5110 | + | 19 purposes. Such files shall be updated to reflect and include |
---|
| 5111 | + | 20 information relating to the disposition of the case. |
---|
| 5112 | + | 21 (h) Compile and maintain an historic data repository |
---|
| 5113 | + | 22 relating to missing children in order (1) to develop and |
---|
| 5114 | + | 23 improve techniques utilized by law enforcement agencies when |
---|
| 5115 | + | 24 responding to reports of missing children and (2) to provide a |
---|
| 5116 | + | 25 factual and statistical base for research that would address |
---|
| 5117 | + | 26 the problem of missing children. |
---|
| 5118 | + | |
---|
| 5119 | + | |
---|
| 5120 | + | |
---|
| 5121 | + | |
---|
| 5122 | + | |
---|
| 5123 | + | HB2412 Enrolled - 143 - LRB103 05885 RLC 56341 b |
---|
| 5124 | + | |
---|
| 5125 | + | |
---|
| 5126 | + | HB2412 Enrolled- 144 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 144 - LRB103 05885 RLC 56341 b |
---|
| 5127 | + | HB2412 Enrolled - 144 - LRB103 05885 RLC 56341 b |
---|
| 5128 | + | 1 (i) Create a quality control program to assess the monitor |
---|
| 5129 | + | 2 timeliness of entries of missing children reports into LEADS |
---|
| 5130 | + | 3 and conduct performance audits of all entering agencies. |
---|
| 5131 | + | 4 (j) Prepare a periodic information bulletin concerning |
---|
| 5132 | + | 5 missing children who it determines may be present in this |
---|
| 5133 | + | 6 State, compiling such bulletin from information contained in |
---|
| 5134 | + | 7 both the National Crime Information Center computer and from |
---|
| 5135 | + | 8 reports, alerts and other information entered into LEADS or |
---|
| 5136 | + | 9 otherwise compiled and retained by the Illinois State Police |
---|
| 5137 | + | 10 pursuant to this Act. The bulletin shall indicate the name, |
---|
| 5138 | + | 11 age, physical description, suspected circumstances of |
---|
| 5139 | + | 12 disappearance if that information is available, a photograph |
---|
| 5140 | + | 13 if one is available, the name of the law enforcement agency |
---|
| 5141 | + | 14 investigating the case, and such other information as the |
---|
| 5142 | + | 15 Director considers appropriate concerning each missing child |
---|
| 5143 | + | 16 who the Illinois State Police determines may be present in |
---|
| 5144 | + | 17 this State. The Illinois State Police shall send a copy of each |
---|
| 5145 | + | 18 periodic information bulletin to the State Board of Education |
---|
| 5146 | + | 19 for its use in accordance with Section 2-3.48 of the School |
---|
| 5147 | + | 20 Code. The Illinois State Police shall provide a copy of the |
---|
| 5148 | + | 21 bulletin, upon request, to law enforcement agencies of this or |
---|
| 5149 | + | 22 any other state or of the federal government, and may provide a |
---|
| 5150 | + | 23 copy of the bulletin, upon request, to other persons or |
---|
| 5151 | + | 24 entities, if deemed appropriate by the Director, and may |
---|
| 5152 | + | 25 establish limitations on its use and a reasonable fee for so |
---|
| 5153 | + | 26 providing the same, except that no fee shall be charged for |
---|
| 5154 | + | |
---|
| 5155 | + | |
---|
| 5156 | + | |
---|
| 5157 | + | |
---|
| 5158 | + | |
---|
| 5159 | + | HB2412 Enrolled - 144 - LRB103 05885 RLC 56341 b |
---|
| 5160 | + | |
---|
| 5161 | + | |
---|
| 5162 | + | HB2412 Enrolled- 145 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 145 - LRB103 05885 RLC 56341 b |
---|
| 5163 | + | HB2412 Enrolled - 145 - LRB103 05885 RLC 56341 b |
---|
| 5164 | + | 1 providing the periodic information bulletin to the State Board |
---|
| 5165 | + | 2 of Education, appropriate units of local government, State |
---|
| 5166 | + | 3 agencies, or law enforcement agencies of this or any other |
---|
| 5167 | + | 4 state or of the federal government. |
---|
| 5168 | + | 5 (k) Provide for the entry into LEADS of the names and |
---|
| 5169 | + | 6 addresses of sex offenders as defined in the Sex Offender |
---|
| 5170 | + | 7 Registration Act who are required to register under that Act. |
---|
| 5171 | + | 8 The information shall be immediately accessible to law |
---|
| 5172 | + | 9 enforcement agencies and peace officers of this State or any |
---|
| 5173 | + | 10 other state or of the federal government. Similar information |
---|
| 5174 | + | 11 may be requested from any other state or of the federal |
---|
| 5175 | + | 12 government for purposes of this Act. |
---|
| 5176 | + | 13 (l) Provide for the entry into LEADS of the names and |
---|
| 5177 | + | 14 addresses of violent offenders against youth as defined in the |
---|
| 5178 | + | 15 Murderer and Violent Offender Against Youth Registration Act |
---|
| 5179 | + | 16 who are required to register under that Act. The information |
---|
| 5180 | + | 17 shall be immediately accessible to law enforcement agencies |
---|
| 5181 | + | 18 and peace officers of this State or any other state or of the |
---|
| 5182 | + | 19 federal government. Similar information may be requested from |
---|
| 5183 | + | 20 any other state or of the federal government for purposes of |
---|
| 5184 | + | 21 this Act. |
---|
| 5185 | + | 22 (Source: P.A. 102-538, eff. 8-20-21.) |
---|
| 5186 | + | 23 Section 50. The Sex Offender Registration Act is amended |
---|
| 5187 | + | 24 by changing Section 11 as follows: |
---|
| 5188 | + | |
---|
| 5189 | + | |
---|
| 5190 | + | |
---|
| 5191 | + | |
---|
| 5192 | + | |
---|
| 5193 | + | HB2412 Enrolled - 145 - LRB103 05885 RLC 56341 b |
---|
| 5194 | + | |
---|
| 5195 | + | |
---|
| 5196 | + | HB2412 Enrolled- 146 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 146 - LRB103 05885 RLC 56341 b |
---|
| 5197 | + | HB2412 Enrolled - 146 - LRB103 05885 RLC 56341 b |
---|
| 5198 | + | 1 (730 ILCS 150/11) |
---|
| 5199 | + | 2 Sec. 11. Offender Registration Fund. There is created the |
---|
| 5200 | + | 3 Offender Registration Fund (formerly known as the Sex Offender |
---|
| 5201 | + | 4 Registration Fund). Moneys in the Fund shall be used to cover |
---|
| 5202 | + | 5 costs incurred by the criminal justice system to administer |
---|
| 5203 | + | 6 this Article and the Murderer and Violent Offender Against |
---|
| 5204 | + | 7 Youth Registration Act, and for purposes as authorized under |
---|
| 5205 | + | 8 this Section 5-9-1.15 of the Unified Code of Corrections. The |
---|
| 5206 | + | 9 Illinois State Police shall establish and promulgate rules and |
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| 5207 | + | 10 procedures regarding the administration of this Fund. Fifty |
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| 5208 | + | 11 percent of the moneys in the Fund shall be allocated by the |
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| 5209 | + | 12 Department for sheriffs' offices and police departments. The |
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| 5210 | + | 13 remaining moneys in the Fund received under this amendatory |
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| 5211 | + | 14 Act of the 101st General Assembly shall be allocated to the |
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| 5212 | + | 15 Illinois State Police for education and administration of the |
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| 5213 | + | 16 Act. |
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| 5214 | + | 17 Notwithstanding any other provision of law, in addition to |
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| 5215 | + | 18 any other transfers that may be provided by law, on the |
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| 5216 | + | 19 effective date of this amendatory Act of the 103rd General |
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| 5217 | + | 20 Assembly, or as soon thereafter as practical, the State |
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| 5218 | + | 21 Comptroller shall direct and the State Treasurer shall |
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| 5219 | + | 22 transfer the remaining balance from the Sex Offender |
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| 5220 | + | 23 Investigation Fund to the Offender Registration Fund. Upon |
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| 5221 | + | 24 completion of the transfers, the Sex Offender Investigation |
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| 5222 | + | 25 Fund is dissolved, and any future deposits into the Sex |
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| 5223 | + | 26 Offender Investigation Fund and any outstanding obligations or |
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| 5224 | + | |
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| 5225 | + | |
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| 5226 | + | |
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| 5227 | + | |
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| 5228 | + | |
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| 5229 | + | HB2412 Enrolled - 146 - LRB103 05885 RLC 56341 b |
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| 5230 | + | |
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| 5231 | + | |
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| 5232 | + | HB2412 Enrolled- 147 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 147 - LRB103 05885 RLC 56341 b |
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| 5233 | + | HB2412 Enrolled - 147 - LRB103 05885 RLC 56341 b |
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| 5234 | + | 1 liabilities of the Sex Offender Investigation Fund pass to the |
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| 5235 | + | 2 Offender Registration Fund. |
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| 5236 | + | 3 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.) |
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| 5237 | + | |
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| 5238 | + | |
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| 5239 | + | |
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| 5240 | + | |
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| 5241 | + | |
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| 5242 | + | HB2412 Enrolled - 147 - LRB103 05885 RLC 56341 b |
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