Illinois 2023-2024 Regular Session

Illinois House Bill HB2412 Compare Versions

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1-Public Act 103-0034
21 HB2412 EnrolledLRB103 05885 RLC 56341 b HB2412 Enrolled LRB103 05885 RLC 56341 b
32 HB2412 Enrolled LRB103 05885 RLC 56341 b
4-AN ACT concerning the Illinois State Police.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 3. The Freedom of Information Act is amended by
8-changing Section 7.5 as follows:
9-(5 ILCS 140/7.5)
10-Sec. 7.5. Statutory exemptions. To the extent provided for
11-by the statutes referenced below, the following shall be
12-exempt from inspection and copying:
13-(a) All information determined to be confidential
14-under Section 4002 of the Technology Advancement and
15-Development Act.
16-(b) Library circulation and order records identifying
17-library users with specific materials under the Library
18-Records Confidentiality Act.
19-(c) Applications, related documents, and medical
20-records received by the Experimental Organ Transplantation
21-Procedures Board and any and all documents or other
22-records prepared by the Experimental Organ Transplantation
23-Procedures Board or its staff relating to applications it
24-has received.
25-(d) Information and records held by the Department of
26-Public Health and its authorized representatives relating
3+1 AN ACT concerning the Illinois State Police.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 3. The Freedom of Information Act is amended by
7+5 changing Section 7.5 as follows:
8+6 (5 ILCS 140/7.5)
9+7 Sec. 7.5. Statutory exemptions. To the extent provided for
10+8 by the statutes referenced below, the following shall be
11+9 exempt from inspection and copying:
12+10 (a) All information determined to be confidential
13+11 under Section 4002 of the Technology Advancement and
14+12 Development Act.
15+13 (b) Library circulation and order records identifying
16+14 library users with specific materials under the Library
17+15 Records Confidentiality Act.
18+16 (c) Applications, related documents, and medical
19+17 records received by the Experimental Organ Transplantation
20+18 Procedures Board and any and all documents or other
21+19 records prepared by the Experimental Organ Transplantation
22+20 Procedures Board or its staff relating to applications it
23+21 has received.
24+22 (d) Information and records held by the Department of
25+23 Public Health and its authorized representatives relating
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3029 HB2412 Enrolled LRB103 05885 RLC 56341 b
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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
33+ HB2412 Enrolled - 2 - LRB103 05885 RLC 56341 b
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
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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
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105+ HB2412 Enrolled - 4 - LRB103 05885 RLC 56341 b
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.
111+6 (q) Information prohibited from being disclosed by the
112+7 Personnel Record Review Act.
113+8 (r) Information prohibited from being disclosed by the
114+9 Illinois School Student Records Act.
115+10 (s) Information the disclosure of which is restricted
116+11 under Section 5-108 of the Public Utilities Act.
117+12 (t) All identified or deidentified health information
118+13 in the form of health data or medical records contained
119+14 in, stored in, submitted to, transferred by, or released
120+15 from the Illinois Health Information Exchange, and
121+16 identified or deidentified health information in the form
122+17 of health data and medical records of the Illinois Health
123+18 Information Exchange in the possession of the Illinois
124+19 Health Information Exchange Office due to its
125+20 administration of the Illinois Health Information
126+21 Exchange. The terms "identified" and "deidentified" shall
127+22 be given the same meaning as in the Health Insurance
128+23 Portability and Accountability Act of 1996, Public Law
129+24 104-191, or any subsequent amendments thereto, and any
130+25 regulations promulgated thereunder.
131+26 (u) Records and information provided to an independent
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141+ HB2412 Enrolled - 5 - LRB103 05885 RLC 56341 b
142+1 team of experts under the Developmental Disability and
143+2 Mental Health Safety Act (also known as Brian's Law).
144+3 (v) Names and information of people who have applied
145+4 for or received Firearm Owner's Identification Cards under
146+5 the Firearm Owners Identification Card Act or applied for
147+6 or received a concealed carry license under the Firearm
148+7 Concealed Carry Act, unless otherwise authorized by the
149+8 Firearm Concealed Carry Act; and databases under the
150+9 Firearm Concealed Carry Act, records of the Concealed
151+10 Carry Licensing Review Board under the Firearm Concealed
152+11 Carry Act, and law enforcement agency objections under the
153+12 Firearm Concealed Carry Act.
154+13 (v-5) Records of the Firearm Owner's Identification
155+14 Card Review Board that are exempted from disclosure under
156+15 Section 10 of the Firearm Owners Identification Card Act.
157+16 (w) Personally identifiable information which is
158+17 exempted from disclosure under subsection (g) of Section
159+18 19.1 of the Toll Highway Act.
160+19 (x) Information which is exempted from disclosure
161+20 under Section 5-1014.3 of the Counties Code or Section
162+21 8-11-21 of the Illinois Municipal Code.
163+22 (y) Confidential information under the Adult
164+23 Protective Services Act and its predecessor enabling
165+24 statute, the Elder Abuse and Neglect Act, including
166+25 information about the identity and administrative finding
167+26 against any caregiver of a verified and substantiated
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177+ HB2412 Enrolled - 6 - LRB103 05885 RLC 56341 b
178+1 decision of abuse, neglect, or financial exploitation of
179+2 an eligible adult maintained in the Registry established
180+3 under Section 7.5 of the Adult Protective Services Act.
181+4 (z) Records and information provided to a fatality
182+5 review team or the Illinois Fatality Review Team Advisory
183+6 Council under Section 15 of the Adult Protective Services
184+7 Act.
185+8 (aa) Information which is exempted from disclosure
186+9 under Section 2.37 of the Wildlife Code.
187+10 (bb) Information which is or was prohibited from
188+11 disclosure by the Juvenile Court Act of 1987.
189+12 (cc) Recordings made under the Law Enforcement
190+13 Officer-Worn Body Camera Act, except to the extent
191+14 authorized under that Act.
192+15 (dd) Information that is prohibited from being
193+16 disclosed under Section 45 of the Condominium and Common
194+17 Interest Community Ombudsperson Act.
195+18 (ee) Information that is exempted from disclosure
196+19 under Section 30.1 of the Pharmacy Practice Act.
197+20 (ff) Information that is exempted from disclosure
198+21 under the Revised Uniform Unclaimed Property Act.
199+22 (gg) Information that is prohibited from being
200+23 disclosed under Section 7-603.5 of the Illinois Vehicle
201+24 Code.
202+25 (hh) Records that are exempt from disclosure under
203+26 Section 1A-16.7 of the Election Code.
204+
205+
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214+1 (ii) Information which is exempted from disclosure
215+2 under Section 2505-800 of the Department of Revenue Law of
216+3 the Civil Administrative Code of Illinois.
217+4 (jj) Information and reports that are required to be
218+5 submitted to the Department of Labor by registering day
219+6 and temporary labor service agencies but are exempt from
220+7 disclosure under subsection (a-1) of Section 45 of the Day
221+8 and Temporary Labor Services Act.
222+9 (kk) Information prohibited from disclosure under the
223+10 Seizure and Forfeiture Reporting Act.
224+11 (ll) Information the disclosure of which is restricted
225+12 and exempted under Section 5-30.8 of the Illinois Public
226+13 Aid Code.
227+14 (mm) Records that are exempt from disclosure under
228+15 Section 4.2 of the Crime Victims Compensation Act.
229+16 (nn) Information that is exempt from disclosure under
230+17 Section 70 of the Higher Education Student Assistance Act.
231+18 (oo) Communications, notes, records, and reports
232+19 arising out of a peer support counseling session
233+20 prohibited from disclosure under the First Responders
234+21 Suicide Prevention Act.
235+22 (pp) Names and all identifying information relating to
236+23 an employee of an emergency services provider or law
237+24 enforcement agency under the First Responders Suicide
238+25 Prevention Act.
239+26 (qq) Information and records held by the Department of
240+
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249+ HB2412 Enrolled - 8 - LRB103 05885 RLC 56341 b
250+1 Public Health and its authorized representatives collected
251+2 under the Reproductive Health Act.
252+3 (rr) Information that is exempt from disclosure under
253+4 the Cannabis Regulation and Tax Act.
254+5 (ss) Data reported by an employer to the Department of
255+6 Human Rights pursuant to Section 2-108 of the Illinois
256+7 Human Rights Act.
257+8 (tt) Recordings made under the Children's Advocacy
258+9 Center Act, except to the extent authorized under that
259+10 Act.
260+11 (uu) Information that is exempt from disclosure under
261+12 Section 50 of the Sexual Assault Evidence Submission Act.
262+13 (vv) Information that is exempt from disclosure under
263+14 subsections (f) and (j) of Section 5-36 of the Illinois
264+15 Public Aid Code.
265+16 (ww) Information that is exempt from disclosure under
266+17 Section 16.8 of the State Treasurer Act.
267+18 (xx) Information that is exempt from disclosure or
268+19 information that shall not be made public under the
269+20 Illinois Insurance Code.
270+21 (yy) Information prohibited from being disclosed under
271+22 the Illinois Educational Labor Relations Act.
272+23 (zz) Information prohibited from being disclosed under
273+24 the Illinois Public Labor Relations Act.
274+25 (aaa) Information prohibited from being disclosed
275+26 under Section 1-167 of the Illinois Pension Code.
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285+ HB2412 Enrolled - 9 - LRB103 05885 RLC 56341 b
286+1 (bbb) Information that is prohibited from disclosure
287+2 by the Illinois Police Training Act and the Illinois State
288+3 Police Act.
289+4 (ccc) Records exempt from disclosure under Section
290+5 2605-304 of the Illinois State Police Law of the Civil
291+6 Administrative Code of Illinois.
292+7 (ddd) Information prohibited from being disclosed
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.
296+11 (eee) Information prohibited from being disclosed
297+12 under subsection (b) of Section 75 of the Domestic
298+13 Violence Fatality Review Act.
299+14 (fff) Images from cameras under the Expressway Camera
300+15 Act. This subsection (fff) is inoperative on and after
301+16 July 1, 2025 2023.
302+17 (ggg) Information prohibited from disclosure under
303+18 paragraph (3) of subsection (a) of Section 14 of the Nurse
304+19 Agency Licensing Act.
305+20 (hhh) Information submitted to the Illinois Department
306+21 of State Police in an affidavit or application for an
307+22 assault weapon endorsement, assault weapon attachment
308+23 endorsement, .50 caliber rifle endorsement, or .50 caliber
309+24 cartridge endorsement under the Firearm Owners
310+25 Identification Card Act.
311+26 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
312+
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321+ HB2412 Enrolled - 10 - LRB103 05885 RLC 56341 b
322+1 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
323+2 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
324+3 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
325+4 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
326+5 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
327+6 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
328+7 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
329+8 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
330+9 2-13-23.)
331+10 Section 5. The Gun Trafficking Information Act is amended
332+11 by changing Section 10-5 as follows:
333+12 (5 ILCS 830/10-5)
334+13 Sec. 10-5. Gun trafficking information.
335+14 (a) The Illinois State Police shall use all reasonable
336+15 efforts, as allowed by State law and regulations, federal law
337+16 and regulations, and executed Memoranda of Understanding
338+17 between Illinois law enforcement agencies and the U.S. Bureau
339+18 of Alcohol, Tobacco, Firearms and Explosives, in making
340+19 publicly available, on a regular and ongoing basis, key
341+20 information related to firearms used in the commission of
342+21 crimes in this State, including, but not limited to: reports
343+22 on crimes committed with firearms, locations where the crimes
344+23 occurred, the number of persons killed or injured in the
345+24 commission of the crimes, the state where the firearms used
346+
347+
348+
349+
350+
351+ HB2412 Enrolled - 10 - LRB103 05885 RLC 56341 b
352+
353+
354+HB2412 Enrolled- 11 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 11 - LRB103 05885 RLC 56341 b
355+ HB2412 Enrolled - 11 - LRB103 05885 RLC 56341 b
356+1 originated, the Federal Firearms Licensee that sold the
357+2 firearm, the type of firearms used, if known, annual
358+3 statistical information concerning Firearm Owner's
359+4 Identification Card and concealed carry license applications,
360+5 revocations, and compliance with Section 9.5 of the Firearm
361+6 Owners Identification Card Act, the information required in
362+7 the report or on the Illinois State Police's website under
363+8 Section 85 of the Firearms Restraining Order Act firearm
364+9 restraining order dispositions, and firearm dealer license
365+10 certification inspections. The Illinois State Police shall
366+11 make the information available on its website, which may be
367+12 presented in a dashboard format, in addition to electronically
368+13 filing a report with the Governor and the General Assembly.
369+14 The report to the General Assembly shall be filed with the
370+15 Clerk of the House of Representatives and the Secretary of the
371+16 Senate in electronic form only, in the manner that the Clerk
372+17 and the Secretary shall direct.
373+18 (b) The Illinois State Police shall study, on a regular
374+19 and ongoing basis, and compile reports on the number of
375+20 Firearm Owner's Identification Card checks to determine
376+21 firearms trafficking or straw purchase patterns. The Illinois
377+22 State Police shall, to the extent not inconsistent with law,
378+23 share such reports and underlying data with academic centers,
379+24 foundations, and law enforcement agencies studying firearms
380+25 trafficking, provided that personally identifying information
381+26 is protected. For purposes of this subsection (b), a Firearm
382+
383+
384+
385+
386+
387+ HB2412 Enrolled - 11 - LRB103 05885 RLC 56341 b
388+
389+
390+HB2412 Enrolled- 12 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 12 - LRB103 05885 RLC 56341 b
391+ HB2412 Enrolled - 12 - LRB103 05885 RLC 56341 b
392+1 Owner's Identification Card number is not personally
393+2 identifying information, provided that no other personal
394+3 information of the card holder is attached to the record. The
395+4 Illinois State Police may create and attach an alternate
396+5 unique identifying number to each Firearm Owner's
397+6 Identification Card number, instead of releasing the Firearm
398+7 Owner's Identification Card number itself.
399+8 (c) Each department, office, division, and agency of this
400+9 State shall, to the extent not inconsistent with law,
401+10 cooperate fully with the Illinois State Police and furnish the
402+11 Illinois State Police with all relevant information and
403+12 assistance on a timely basis as is necessary to accomplish the
404+13 purpose of this Act. The Illinois Criminal Justice Information
405+14 Authority shall submit the information required in subsection
406+15 (a) of this Section to the Illinois State Police, and any other
407+16 information as the Illinois State Police may request, to
408+17 assist the Illinois State Police in carrying out its duties
409+18 under this Act.
410+19 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
411+20 102-813, eff. 5-13-22.)
412+21 Section 10. The Illinois State Police Law of the Civil
413+22 Administrative Code of Illinois is amended by changing
414+23 Sections 2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45,
415+24 2605-51, 2605-52, 2605-200, and 2605-615 as follows:
416+
417+
418+
419+
420+
421+ HB2412 Enrolled - 12 - LRB103 05885 RLC 56341 b
422+
423+
424+HB2412 Enrolled- 13 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 13 - LRB103 05885 RLC 56341 b
425+ HB2412 Enrolled - 13 - LRB103 05885 RLC 56341 b
426+1 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
427+2 Sec. 2605-10. Powers and duties, generally.
428+3 (a) The Illinois State Police shall exercise the rights,
429+4 powers, and duties that have been vested in the Illinois State
430+5 Police by the following:
431+6 The Illinois State Police Act.
432+7 The Illinois State Police Radio Act.
433+8 The Criminal Identification Act.
434+9 The Illinois Vehicle Code.
435+10 The Firearm Owners Identification Card Act.
436+11 The Firearm Concealed Carry Act.
437+12 The Firearm Dealer License Certification Act Gun Dealer
438+13 Licensing Act.
439+14 The Intergovernmental Missing Child Recovery Act of 1984.
440+15 The Intergovernmental Drug Laws Enforcement Act.
441+16 The Narcotic Control Division Abolition Act.
442+17 The Illinois Uniform Conviction Information Act.
443+18 The Murderer and Violent Offender Against Youth
444+19 Registration Act.
445+20 (b) The Illinois State Police shall have the powers and
446+21 duties set forth in the following Sections.
447+22 (c) The Illinois State Police shall exercise the rights,
448+23 powers, and duties vested in the Illinois State Police to
449+24 implement the following protective service functions for State
450+25 facilities, State officials, and State employees serving in
451+26 their official capacity:
452+
453+
454+
455+
456+
457+ HB2412 Enrolled - 13 - LRB103 05885 RLC 56341 b
458+
459+
460+HB2412 Enrolled- 14 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 14 - LRB103 05885 RLC 56341 b
461+ HB2412 Enrolled - 14 - LRB103 05885 RLC 56341 b
462+1 (1) Utilize subject matter expertise and law
463+2 enforcement authority to strengthen the protection of
464+3 State government facilities, State employees, State
465+4 officials, and State critical infrastructure.
466+5 (2) Coordinate State, federal, and local law
467+6 enforcement activities involving the protection of State
468+7 facilities, officials and employees.
469+8 (3) Conduct investigations of criminal threats to
470+9 State facilities, State critical infrastructure, State
471+10 officials and State employees.
472+11 (4) Train State officials and employees in personal
473+12 protection, crime prevention, facility occupant emergency
474+13 planning, and incident management.
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,
478+17 and standard protocols for reporting of suspicious
479+18 activities.
480+19 (6) Establish minimum operational standards,
481+20 qualifications, training, and compliance requirements for
482+21 State employees and contractors engaged in the protection
483+22 of State facilities and employees.
484+23 (7) At the request of departments or agencies of State
485+24 government, conduct security assessments, including, but
486+25 not limited to, examination of alarm systems, cameras
487+26 systems, access points, personnel readiness, and emergency
488+
489+
490+
491+
492+
493+ HB2412 Enrolled - 14 - LRB103 05885 RLC 56341 b
494+
495+
496+HB2412 Enrolled- 15 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 15 - LRB103 05885 RLC 56341 b
497+ HB2412 Enrolled - 15 - LRB103 05885 RLC 56341 b
498+1 protocols based on risk and need.
499+2 (8) Oversee the planning and implementation of
500+3 security and law enforcement activities necessary for the
501+4 protection of major, multi-jurisdictional events
502+5 implicating potential criminal threats to State officials,
503+6 State employees, or State-owned, State-leased, or
504+7 State-operated critical infrastructure or facilities.
505+8 (9) Oversee and direct the planning and implementation
506+9 of security and law enforcement activities by the
507+10 departments and agencies of the State necessary for the
508+11 protection of State employees, State officials, and
509+12 State-owned, State-leased, or State-operated critical
510+13 infrastructure or facilities from criminal activity.
511+14 (10) Advise the Governor and Homeland Security Advisor
512+15 on any matters necessary for the effective protection of
513+16 State facilities, critical infrastructure, officials, and
514+17 employees from criminal threats.
515+18 (11) Utilize intergovernmental agreements and
516+19 administrative rules as needed for the effective,
517+20 efficient implementation of law enforcement and support
518+21 activities necessary for the protection of State
519+22 facilities, State infrastructure, State officials, and
520+23 State employees.
521+24 (Source: P.A. 102-538, eff. 8-20-21.)
522+25 (20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
523+
524+
525+
526+
527+
528+ HB2412 Enrolled - 15 - LRB103 05885 RLC 56341 b
529+
530+
531+HB2412 Enrolled- 16 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 16 - LRB103 05885 RLC 56341 b
532+ HB2412 Enrolled - 16 - LRB103 05885 RLC 56341 b
533+1 Sec. 2605-25. Illinois State Police divisions.
534+2 (a) The Illinois State Police is divided into the Division
535+3 of Statewide 9-1-1, the Division of Patrol Operations, the
536+4 Division of Criminal Investigation, the Division of Forensic
537+5 Services, the Division of Justice Services, the Division of
538+6 the Academy and Training, and the Division of Internal
539+7 Investigation.
540+8 (b) The Office of the Director shall:
541+9 (1) Exercise the rights, powers, and duties vested in
542+10 the Illinois State Police by the Governor's Office of
543+11 Management and Budget Act.
544+12 (2) Exercise the rights, powers, and duties vested in
545+13 the Illinois State Police by the Personnel Code.
546+14 (3) Exercise the rights, powers, and duties vested in
547+15 the Illinois State Police by "An Act relating to internal
548+16 auditing in State government", approved August 11, 1967
549+17 (repealed; now the Fiscal Control and Internal Auditing
550+18 Act).
551+19 (4) Oversee the Executive Protection Unit.
552+20 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
553+21 (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
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:
557+25 (1) Cooperate with federal and State authorities
558+
559+
560+
561+
562+
563+ HB2412 Enrolled - 16 - LRB103 05885 RLC 56341 b
564+
565+
566+HB2412 Enrolled- 17 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 17 - LRB103 05885 RLC 56341 b
567+ HB2412 Enrolled - 17 - LRB103 05885 RLC 56341 b
568+1 requesting utilization of the Illinois State Police's
569+2 radio network system under the Illinois Aeronautics Act.
570+3 (2) Exercise the rights, powers, and duties of the
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.
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.
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
587+20 interdict crime and ensure traffic safety while assisting
588+21 citizens during times of need.
589+22 (Source: P.A. 102-538, eff. 8-20-21.)
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
593+
594+
595+
596+
597+
598+ HB2412 Enrolled - 17 - LRB103 05885 RLC 56341 b
599+
600+
601+HB2412 Enrolled- 18 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 18 - LRB103 05885 RLC 56341 b
602+ HB2412 Enrolled - 18 - LRB103 05885 RLC 56341 b
603+1 the following functions and those in Section 2605-30:
604+2 (1) Exercise the rights, powers, and duties vested by
605+3 law in the Illinois State Police by the Illinois Horse
606+4 Racing Act of 1975, including those set forth in Section
607+5 2605-215.
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.
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.
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.
620+18 (5) Apprehend and deliver up any person charged in
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
623+21 State.
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+
631+
632+
633+
634+ HB2412 Enrolled - 18 - LRB103 05885 RLC 56341 b
635+
636+
637+HB2412 Enrolled- 19 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 19 - LRB103 05885 RLC 56341 b
638+ HB2412 Enrolled - 19 - LRB103 05885 RLC 56341 b
639+1 pertaining to any violation of criminal law; and exercise
640+2 the functions required under Section 2605-220 in the
641+3 conduct of those investigations.
642+4 (7) Conduct other investigations as provided by law,
643+5 including, but not limited to, investigations of human
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.
647+9 (8) Investigate public corruption.
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
654+16 activities.
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.
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.
665+
666+
667+
668+
669+
670+ HB2412 Enrolled - 19 - LRB103 05885 RLC 56341 b
671+
672+
673+HB2412 Enrolled- 20 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 20 - LRB103 05885 RLC 56341 b
674+ HB2412 Enrolled - 20 - LRB103 05885 RLC 56341 b
675+1 (13) Investigate criminal domestic terrorism
676+2 incidents, and otherwise deter all criminal threats to
677+3 Illinois.
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
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.
700+26 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
701+
702+
703+
704+
705+
706+ HB2412 Enrolled - 20 - LRB103 05885 RLC 56341 b
707+
708+
709+HB2412 Enrolled- 21 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 21 - LRB103 05885 RLC 56341 b
710+ HB2412 Enrolled - 21 - LRB103 05885 RLC 56341 b
711+1 102-1108, eff. 12-21-22; 102-1116, eff. 1-10-23.)
712+2 (20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
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.
720+10 (3) Provide assistance to local law enforcement
721+11 agencies through training, management, and consultant
722+12 services.
723+13 (4) (Blank).
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.
727+17 (6) Establish and operate a forensic science
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+
737+
738+
739+
740+
741+ HB2412 Enrolled - 21 - LRB103 05885 RLC 56341 b
742+
743+
744+HB2412 Enrolled- 22 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 22 - LRB103 05885 RLC 56341 b
745+ HB2412 Enrolled - 22 - LRB103 05885 RLC 56341 b
746+1 (6.5) Establish administrative rules in order to set
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
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.
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
762+17 enforcement agencies and local State's Attorneys in aid of
763+18 the investigation and trial of capital cases.
764+19 (8) Exercise the rights, powers, and duties vested by
765+20 law in the Illinois State Police under the Sexual Assault
766+21 Evidence Submission Act.
767+22 (9) Serve as the State central repository for all
768+23 genetic marker grouping analysis information and exercise
769+24 the rights, powers, and duties vested by law in the
770+25 Illinois State Police under Section 5-4-3 of the Unified
771+26 Code of Corrections.
772+
773+
774+
775+
776+
777+ HB2412 Enrolled - 22 - LRB103 05885 RLC 56341 b
778+
779+
780+HB2412 Enrolled- 23 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 23 - LRB103 05885 RLC 56341 b
781+ HB2412 Enrolled - 23 - LRB103 05885 RLC 56341 b
782+1 (10) Issue reports required under Section 5-4-3a of
783+2 the Unified Code of Corrections.
784+3 (11) Oversee the Electronic Laboratory Information
785+4 Management System under Section 5-4-3b of the Unified Code
786+5 of Corrections.
787+6 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21;
788+7 102-813, eff. 5-13-22.)
789+8 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
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:
795+14 (1) Operate and maintain the Law Enforcement Agencies
796+15 Data System (LEADS), a statewide, computerized
797+16 telecommunications system designed to provide services,
798+17 information, and capabilities to the law enforcement and
799+18 criminal justice community in the State of Illinois. The
800+19 Director is responsible for establishing policy,
801+20 procedures, and regulations consistent with State and
802+21 federal rules, policies, and law by which LEADS operates.
803+22 The Director shall designate a statewide LEADS
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+
808+
809+
810+
811+
812+ HB2412 Enrolled - 23 - LRB103 05885 RLC 56341 b
813+
814+
815+HB2412 Enrolled- 24 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 24 - LRB103 05885 RLC 56341 b
816+ HB2412 Enrolled - 24 - LRB103 05885 RLC 56341 b
817+1 justice community and to make recommendations concerning
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
822+6 Federal Bureau of Investigation's Uniform Crime Reporting
823+7 Program and National Incident-Based Reporting System.
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.
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.
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
834+18 Identification Card Act, the Firearm Concealed Carry Act,
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.
838+22 (7) Exercise other duties that may be assigned by the
839+23 Director to fulfill the responsibilities and achieve the
840+24 purposes of the Illinois State Police.
841+25 (8) Exercise the rights, powers, and duties vested by
842+26 law in the Illinois State Police by the Criminal
843+
844+
845+
846+
847+
848+ HB2412 Enrolled - 24 - LRB103 05885 RLC 56341 b
849+
850+
851+HB2412 Enrolled- 25 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 25 - LRB103 05885 RLC 56341 b
852+ HB2412 Enrolled - 25 - LRB103 05885 RLC 56341 b
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
873+21 Training Academy.
874+22 (2) Train and prepare new officers for a career in law
875+23 enforcement, with innovative, quality training and
876+24 educational practices.
877+25 (3) Offer continuing training and educational programs
878+
879+
880+
881+
882+
883+ HB2412 Enrolled - 25 - LRB103 05885 RLC 56341 b
884+
885+
886+HB2412 Enrolled- 26 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 26 - LRB103 05885 RLC 56341 b
887+ HB2412 Enrolled - 26 - LRB103 05885 RLC 56341 b
888+1 for Illinois State Police employees.
889+2 (4) Oversee the Illinois State Police's recruitment
890+3 initiatives.
891+4 (5) Oversee and operate the Illinois State Police's
892+5 quartermaster.
893+6 (6) Duties assigned to the Illinois State Police in
894+7 Article 5, Chapter 11 of the Illinois Vehicle Code
895+8 concerning testing and training officers on the detection
896+9 of impaired driving.
897+10 (7) Duties assigned to the Illinois State Police in
898+11 Article 108B of the Code of Criminal Procedure.
899+12 (a-5) Successful completion of the Illinois State Police
900+13 Academy satisfies the minimum standards pursuant to
901+14 subsections (a), (b), and (d) of Section 7 of the Illinois
902+15 Police Training Act and exempts State police officers from the
903+16 Illinois Law Enforcement Training Standards Board's State
904+17 Comprehensive Examination and Equivalency Examination.
905+18 Satisfactory completion shall be evidenced by a commission or
906+19 certificate issued to the officer.
907+20 (b) The Division of the Academy and Training shall
908+21 exercise the rights, powers, and duties vested in the former
909+22 Division of State Troopers by Section 17 of the Illinois State
910+23 Police Act.
911+24 (c) Specialized training.
912+25 (1) Training; cultural diversity. The Division of the
913+26 Academy and Training shall provide training and continuing
914+
915+
916+
917+
918+
919+ HB2412 Enrolled - 26 - LRB103 05885 RLC 56341 b
920+
921+
922+HB2412 Enrolled- 27 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 27 - LRB103 05885 RLC 56341 b
923+ HB2412 Enrolled - 27 - LRB103 05885 RLC 56341 b
924+1 education to State police officers concerning cultural
925+2 diversity, including sensitivity toward racial and ethnic
926+3 differences. This training and continuing education shall
927+4 include, but not be limited to, an emphasis on the fact
928+5 that the primary purpose of enforcement of the Illinois
929+6 Vehicle Code is safety and equal and uniform enforcement
930+7 under the law.
931+8 (2) Training; death and homicide investigations. The
932+9 Division of the Academy and Training shall provide
933+10 training in death and homicide investigation for State
934+11 police officers. Only State police officers who
935+12 successfully complete the training may be assigned as lead
936+13 investigators in death and homicide investigations.
937+14 Satisfactory completion of the training shall be evidenced
938+15 by a certificate issued to the officer by the Division of
939+16 the Academy and Training. The Director shall develop a
940+17 process for waiver applications for officers whose prior
941+18 training and experience as homicide investigators may
942+19 qualify them for a waiver. The Director may issue a
943+20 waiver, at his or her discretion, based solely on the
944+21 prior training and experience of an officer as a homicide
945+22 investigator.
946+23 (A) The Division shall require all homicide
947+24 investigator training to include instruction on
948+25 victim-centered, trauma-informed investigation. This
949+26 training must be implemented by July 1, 2023.
950+
951+
952+
953+
954+
955+ HB2412 Enrolled - 27 - LRB103 05885 RLC 56341 b
956+
957+
958+HB2412 Enrolled- 28 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 28 - LRB103 05885 RLC 56341 b
959+ HB2412 Enrolled - 28 - LRB103 05885 RLC 56341 b
960+1 (B) The Division shall cooperate with the Division
961+2 of Criminal Investigation to develop a model
962+3 curriculum on victim-centered, trauma-informed
963+4 investigation. This curriculum must be implemented by
964+5 July 1, 2023.
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,
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
971+12 requirements set by the Director or the Director's
972+13 designee. Satisfactory completion of the training shall be
973+14 evidenced by a certificate issued by the Division of the
974+15 Academy and Training.
975+16 (4) Training; post-traumatic stress disorder. The
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
980+21 identify the symptoms of post-traumatic stress disorder
981+22 and to respond appropriately to individuals exhibiting
982+23 those symptoms.
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
986+
987+
988+
989+
990+
991+ HB2412 Enrolled - 28 - LRB103 05885 RLC 56341 b
992+
993+
994+HB2412 Enrolled- 29 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 29 - LRB103 05885 RLC 56341 b
995+ HB2412 Enrolled - 29 - LRB103 05885 RLC 56341 b
996+1 opioid antagonists as defined in paragraph (1) of
997+2 subsection (e) of Section 5-23 of the Substance Use
998+3 Disorder Act that is in accordance with that Section. As
999+4 used in this Section, "State police officers" includes
1000+5 full-time or part-time State police officers,
1001+6 investigators, and any other employee of the Illinois
1002+7 State Police exercising the powers of a peace officer.
1003+8 (6) Training; sexual assault and sexual abuse.
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
1011+16 in a victim's life;
1012+17 (iii) responding to the needs and concerns of
1013+18 a victim;
1014+19 (iv) delivering services in a compassionate,
1015+20 sensitive, and nonjudgmental manner;
1016+21 (v) interviewing techniques in accordance with
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
1021+26 (vii) report writing techniques in accordance
1022+
1023+
1024+
1025+
1026+
1027+ HB2412 Enrolled - 29 - LRB103 05885 RLC 56341 b
1028+
1029+
1030+HB2412 Enrolled- 30 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 30 - LRB103 05885 RLC 56341 b
1031+ HB2412 Enrolled - 30 - LRB103 05885 RLC 56341 b
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.
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
1051+20 techniques, which have been demonstrated to
1052+21 minimize retraumatization, for all State police
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+
1062+
1063+ HB2412 Enrolled - 30 - LRB103 05885 RLC 56341 b
1064+
1065+
1066+HB2412 Enrolled- 31 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 31 - LRB103 05885 RLC 56341 b
1067+ HB2412 Enrolled - 31 - LRB103 05885 RLC 56341 b
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.
1088+21 926B and 926C for qualified active and retired Illinois State
1089+22 Police officers.
1090+23 (Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
1091+24 102-813, eff. 5-13-22.)
1092+25 (20 ILCS 2605/2605-52)
1093+
1094+
1095+
1096+
1097+
1098+ HB2412 Enrolled - 31 - LRB103 05885 RLC 56341 b
1099+
1100+
1101+HB2412 Enrolled- 32 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 32 - LRB103 05885 RLC 56341 b
1102+ HB2412 Enrolled - 32 - LRB103 05885 RLC 56341 b
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
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+
1130+
1131+
1132+
1133+
1134+ HB2412 Enrolled - 32 - LRB103 05885 RLC 56341 b
1135+
1136+
1137+HB2412 Enrolled- 33 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 33 - LRB103 05885 RLC 56341 b
1138+ HB2412 Enrolled - 33 - LRB103 05885 RLC 56341 b
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
1146+8 gather and disseminate information for law enforcement
1147+9 agencies.
1148+10 (3) Undertake other communication activities that may
1149+11 be required by law.
1150+12 (4) Oversee Illinois State Police telecommunications.
1151+13 (f) The Division of Statewide 9-1-1 shall oversee the
1152+14 Illinois State Police fleet operations.
1153+15 (Source: P.A. 102-538, eff. 8-20-21.)
1154+16 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
1155+17 Sec. 2605-200. Investigations of crime; enforcement of
1156+18 laws; records; crime laboratories; personnel.
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
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+
1166+
1167+
1168+
1169+ HB2412 Enrolled - 33 - LRB103 05885 RLC 56341 b
1170+
1171+
1172+HB2412 Enrolled- 34 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 34 - LRB103 05885 RLC 56341 b
1173+ HB2412 Enrolled - 34 - LRB103 05885 RLC 56341 b
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.
1192+19 (6) Conduct other investigations as provided by law.
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+
1202+
1203+
1204+
1205+ HB2412 Enrolled - 34 - LRB103 05885 RLC 56341 b
1206+
1207+
1208+HB2412 Enrolled- 35 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 35 - LRB103 05885 RLC 56341 b
1209+ HB2412 Enrolled - 35 - LRB103 05885 RLC 56341 b
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.
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+
1238+
1239+
1240+
1241+ HB2412 Enrolled - 35 - LRB103 05885 RLC 56341 b
1242+
1243+
1244+HB2412 Enrolled- 36 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 36 - LRB103 05885 RLC 56341 b
1245+ HB2412 Enrolled - 36 - LRB103 05885 RLC 56341 b
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.
1250+5 (a) Creation. There is created within the Illinois State
1251+6 Police the Illinois Forensic Science Commission.
1252+7 (b) Duties and purpose. The Commission shall:
1253+8 (1) Provide guidance to ensure the efficient delivery
1254+9 of forensic services and the sound practice of forensic
1255+10 science.
1256+11 (2) Provide a forum for discussions between forensic
1257+12 science stakeholders to improve communication and
1258+13 coordination and to monitor the important issues impacting
1259+14 all stakeholders.
1260+15 (3) Take a systems-based approach in reviewing all
1261+16 aspects of the delivery of forensic services and the sound
1262+17 practice of forensic science with the goal of reducing or
1263+18 eliminating the factors and inefficiencies that contribute
1264+19 to backlogs and errors, with a focus on education and
1265+20 training, funding, hiring, procurement, and other aspects
1266+21 identified by the Commission.
1267+22 (4) Review significant non-conformities with the sound
1268+23 practice of forensic science documented by each publicly
1269+24 funded forensic laboratory and offer recommendations for
1270+25 the correction thereof.
1271+
1272+
1273+
1274+
1275+
1276+ HB2412 Enrolled - 36 - LRB103 05885 RLC 56341 b
1277+
1278+
1279+HB2412 Enrolled- 37 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 37 - LRB103 05885 RLC 56341 b
1280+ HB2412 Enrolled - 37 - LRB103 05885 RLC 56341 b
1281+1 (5) Subject to appropriation, provide educational,
1282+2 research, and professional training opportunities for
1283+3 practicing forensic scientists, police officers, judges,
1284+4 State's Attorneys and Assistant State's Attorneys, Public
1285+5 Defenders, and defense attorneys comporting with the sound
1286+6 practice of forensic science.
1287+7 (6) Collect and analyze information related to the
1288+8 impact of current laws, rules, policies, and practices on
1289+9 forensic crime laboratories and the practice of forensic
1290+10 science; evaluate the impact of those laws, rules,
1291+11 policies, and practices on forensic crime laboratories and
1292+12 the practice of forensic science; identify new policies
1293+13 and approaches, together with changes in science, and
1294+14 technology; and make recommendations for changes to those
1295+15 laws, rules, policies, and practices that will yield
1296+16 better results in the criminal justice system consistent
1297+17 with the sound practice of forensic science.
1298+18 (7) Perform such other studies or tasks pertaining to
1299+19 forensic crime laboratories as may be requested by the
1300+20 General Assembly by resolution or the Governor, and
1301+21 perform such other functions as may be required by law or
1302+22 as are necessary to carry out the purposes and goals of the
1303+23 Commission prescribed in this Section.
1304+24 (8) Ensure that adequate resources and facilities are
1305+25 available for carrying out the changes proposed in
1306+26 legislation, rules, or policies and that rational
1307+
1308+
1309+
1310+
1311+
1312+ HB2412 Enrolled - 37 - LRB103 05885 RLC 56341 b
1313+
1314+
1315+HB2412 Enrolled- 38 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 38 - LRB103 05885 RLC 56341 b
1316+ HB2412 Enrolled - 38 - LRB103 05885 RLC 56341 b
1317+1 priorities are established for the use of those resources.
1318+2 To do so, the Commission may prepare statements to the
1319+3 Governor and General Assembly identifying the fiscal and
1320+4 practical effects of proposed legislation, rules, or
1321+5 policy changes. Such statements may include, but are not
1322+6 limited to: the impact on present levels of staffing and
1323+7 resources; a professional opinion on the practical value
1324+8 of the change or changes; the increase or decrease the
1325+9 number of crime laboratories; the increase or decrease the
1326+10 cost of operating crime laboratories; the impact on
1327+11 efficiencies and caseloads; other information, including
1328+12 but not limited to, facts, data, research, and science
1329+13 relevant to the legislation, rule, or policy; the direct
1330+14 or indirect alteration in any process involving or used by
1331+15 crime laboratories of such proposed legislation, rules, or
1332+16 policy changes; an analysis of the impact, either directly
1333+17 or indirectly, on the technology, improvements, or
1334+18 practices of forensic analyses for use in criminal
1335+19 proceedings; together with the direct or indirect impact
1336+20 on headcount, space, equipment, instruments,
1337+21 accreditation, the volume of cases for analysis,
1338+22 scientific controls, and quality assurance.
1339+23 (c) Members. The Commission shall be composed of the
1340+24 Director of the Illinois State Police, or his or her designee,
1341+25 together with the following members appointed for a term of 4
1342+26 years by the Governor with the advice and consent of the
1343+
1344+
1345+
1346+
1347+
1348+ HB2412 Enrolled - 38 - LRB103 05885 RLC 56341 b
1349+
1350+
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1352+ HB2412 Enrolled - 39 - LRB103 05885 RLC 56341 b
1353+1 Senate:
1354+2 (1) One crime laboratory director or administrator
1355+3 from each publicly funded forensic laboratory system.
1356+4 (2) One member with experience in the admission of
1357+5 forensic evidence in trials from a statewide association
1358+6 representing prosecutors.
1359+7 (3) One member with experience in the admission of
1360+8 forensic evidence in trials from a statewide association
1361+9 representing criminal defense attorneys.
1362+10 (4) Three forensic scientists with bench work
1363+11 background from various forensic disciplines (e.g., DNA,
1364+12 chemistry, pattern evidence, etc.).
1365+13 (5) One retired circuit court judge or associate
1366+14 circuit court judge with criminal trial experience,
1367+15 including experience in the admission of forensic evidence
1368+16 in trials.
1369+17 (6) One academic specializing in the field of forensic
1370+18 sciences.
1371+19 (7) One or more community representatives (e.g.,
1372+20 victim advocates, innocence project organizations, sexual
1373+21 assault examiners, etc.).
1374+22 (8) One member who is a medical examiner or coroner.
1375+23 The Governor shall designate one of the members of the
1376+24 Commission to serve as the chair of the Commission. The
1377+25 members of the Commission shall elect from their number such
1378+26 other officers as they may determine. Members of the
1379+
1380+
1381+
1382+
1383+
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1385+
1386+
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1388+ HB2412 Enrolled - 40 - LRB103 05885 RLC 56341 b
1389+1 Commission shall serve without compensation, but may be
1390+2 reimbursed for reasonable expenses incurred in the performance
1391+3 of their duties from funds appropriated for that purpose.
1392+4 (d) Subcommittees. The Commission may form subcommittees
1393+5 to study specific issues identified under paragraph (3) of
1394+6 subsection (b), including, but not limited to, subcommittees
1395+7 on education and training, procurement, funding and hiring. Ad
1396+8 hoc subcommittees may also be convened to address other
1397+9 issues. Such subcommittees shall meet as needed to complete
1398+10 their work, and shall report their findings back to the
1399+11 Commission. Subcommittees shall include members of the
1400+12 Commission, and may also include non-members such as forensic
1401+13 science stakeholders and subject matter experts.
1402+14 (e) Meetings. The Commission shall meet quarterly, at the
1403+15 call of the chairperson. Facilities for meeting, whether
1404+16 remotely or in person, shall be provided for the Commission by
1405+17 the Illinois State Police.
1406+18 (f) Reporting by publicly funded forensic laboratories.
1407+19 All State and local publicly funded forensic laboratory
1408+20 systems, including, but not limited to, the DuPage County
1409+21 Forensic Science Center, the Northeastern Illinois Regional
1410+22 Crime Laboratory, and the Illinois State Police, shall
1411+23 annually provide to the Commission a report summarizing its
1412+24 significant non-conformities with the efficient delivery of
1413+25 forensic services and the sound practice of forensic science.
1414+26 The report will identify: each significant non-conformity or
1415+
1416+
1417+
1418+
1419+
1420+ HB2412 Enrolled - 40 - LRB103 05885 RLC 56341 b
1421+
1422+
1423+HB2412 Enrolled- 41 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 41 - LRB103 05885 RLC 56341 b
1424+ HB2412 Enrolled - 41 - LRB103 05885 RLC 56341 b
1425+1 deficient method; how the non-conformity or deficient method
1426+2 was detected; the nature and extent of the non-conformity or
1427+3 deficient method; all corrective actions implemented to
1428+4 address the non-conformity or deficient method; and an
1429+5 analysis of the effectiveness of the corrective actions taken.
1430+6 (g) Definition. As used in this Section, "Commission"
1431+7 means the Illinois Forensic Science Commission.
1432+8 (Source: P.A. 102-523, eff. 8-20-21.)
1433+9 Section 15. The Illinois State Police Act is amended by
1434+10 changing Sections 16 and 20 as follows:
1435+11 (20 ILCS 2610/16) (from Ch. 121, par. 307.16)
1436+12 Sec. 16. State policemen shall enforce the provisions of
1437+13 The Illinois Vehicle Code, approved September 29, 1969, as
1438+14 amended, and Article 9 of the "Illinois Highway Code" as
1439+15 amended; and shall patrol the public highways and rural
1440+16 districts to make arrests for violations of the provisions of
1441+17 such Acts. They are conservators of the peace and as such have
1442+18 all powers possessed by policemen in cities, and sheriffs,
1443+19 except that they may exercise such powers anywhere in this
1444+20 State. The State policemen shall cooperate with the police of
1445+21 cities, villages and incorporated towns, and with the police
1446+22 officers of any county, in enforcing the laws of the State and
1447+23 in making arrests and recovering property. They may be
1448+24 equipped with standardized and tested devices for weighing
1449+
1450+
1451+
1452+
1453+
1454+ HB2412 Enrolled - 41 - LRB103 05885 RLC 56341 b
1455+
1456+
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1458+ HB2412 Enrolled - 42 - LRB103 05885 RLC 56341 b
1459+1 motor vehicles and may stop and weigh, acting reasonably, or
1460+2 cause to be weighed, any motor vehicle which appears to weigh
1461+3 in excess of the weight permitted by law. It shall also be the
1462+4 duty of the Illinois State Police to determine, whenever
1463+5 possible, the person or persons or the causes responsible for
1464+6 the breaking or destruction of any improved hard-surfaced
1465+7 roadway; to arrest all persons criminally responsible for such
1466+8 breaking or destruction and bring them before the proper
1467+9 officer for trial. The Illinois State Police shall divide the
1468+10 State into zones, troops, or regions Districts and assign each
1469+11 zone, troop, or region district to one or more policemen. No
1470+12 person employed under this Act, however, shall serve or
1471+13 execute civil process, except for process issued under the
1472+14 authority of the General Assembly, or a committee or
1473+15 commission thereof vested with subpoena powers when the county
1474+16 sheriff refuses or fails to serve such process, and except for
1475+17 process allowed by statute or issued under the authority of
1476+18 the Illinois Department of Revenue.
1477+19 (Source: P.A. 102-538, eff. 8-20-21.)
1478+20 (20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
1479+21 Sec. 20. The Illinois State Police from time to time may
1480+22 enter into contracts with The Illinois State Toll Highway
1481+23 Authority, hereinafter called the Authority, with respect to
1482+24 the policing of toll highways by the Illinois State Police.
1483+25 Such contracts shall provide among other matters for the
1484+
1485+
1486+
1487+
1488+
1489+ HB2412 Enrolled - 42 - LRB103 05885 RLC 56341 b
1490+
1491+
1492+HB2412 Enrolled- 43 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 43 - LRB103 05885 RLC 56341 b
1493+ HB2412 Enrolled - 43 - LRB103 05885 RLC 56341 b
1494+1 compensation or reimbursement of the Illinois State Police by
1495+2 the Authority for the costs incurred by this State with
1496+3 respect to such policing service, including, but not limited
1497+4 to, the costs of: (1) compensation and training of the State
1498+5 policemen and the clerical employees assigned to such policing
1499+6 service; and (2) uniforms, equipment, and supplies, which
1500+7 shall be Illinois State Police property, and housing used by
1501+8 such personnel; and (3) reimbursement of such sums as the
1502+9 State expends in connection with payments of claims for
1503+10 injuries or illnesses suffered by such personnel in the line
1504+11 of duty. Each such contract may provide for the methods of
1505+12 ascertaining such costs, and shall be of such duration and may
1506+13 contain such other appropriate terms as the Illinois State
1507+14 Police and the Authority may agree upon. The Illinois State
1508+15 Police is not obliged to furnish policing service on any
1509+16 highway under the jurisdiction of the Authority except as
1510+17 required by contract.
1511+18 (Source: P.A. 102-538, eff. 8-20-21.)
1512+19 Section 20. The Illinois State Police Radio Act is amended
1513+20 by changing Section 10 as follows:
1514+21 (20 ILCS 2615/10)
1515+22 Sec. 10. Public safety radio interoperability. Upon their
1516+23 establishment and thereafter, the Director of the Illinois
1517+24 State Police, or his or her designee, shall serve as the
1518+
1519+
1520+
1521+
1522+
1523+ HB2412 Enrolled - 43 - LRB103 05885 RLC 56341 b
1524+
1525+
1526+HB2412 Enrolled- 44 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 44 - LRB103 05885 RLC 56341 b
1527+ HB2412 Enrolled - 44 - LRB103 05885 RLC 56341 b
1528+1 chairman of the Illinois Statewide Interoperability Executive
1529+2 Committee (SIEC) and as the chairman of the STARCOM21
1530+3 Oversight Committee. The Director or his or her designee, as
1531+4 chairman, may increase the size and makeup of the voting
1532+5 membership of each committee when deemed necessary for
1533+6 improved public safety radio interoperability, but the voting
1534+7 membership of each committee must represent public safety
1535+8 users (police, fire, or EMS) and must, at a minimum, include
1536+9 the representatives specified in this Section.
1537+10 The STARCOM21 Oversight Committee must comprise public
1538+11 safety users accessing the system and shall include the
1539+12 Statewide Interoperability Coordinator. The members of the
1540+13 STARCOM21 Oversight Committee shall serve without compensation
1541+14 and may, at the call of the Chair, meet in person or remotely.
1542+15 The Illinois State Police shall provide administrative and
1543+16 other support to the STARCOM21 Oversight Committee. The
1544+17 STARCOM21 Oversight Committee shall:
1545+18 (1) review existing statutory law and make
1546+19 recommendations for legislative changes to ensure
1547+20 efficient, effective, reliable, and sustainable radio
1548+21 interoperability statewide;
1549+22 (2) make recommendations concerning better integration
1550+23 of the Integrated Public Alert and Warning System
1551+24 statewide; and
1552+25 (3) develop a plan to sustainably fund radio
1553+26 infrastructure, radio equipment, and interoperability
1554+
1555+
1556+
1557+
1558+
1559+ HB2412 Enrolled - 44 - LRB103 05885 RLC 56341 b
1560+
1561+
1562+HB2412 Enrolled- 45 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 45 - LRB103 05885 RLC 56341 b
1563+ HB2412 Enrolled - 45 - LRB103 05885 RLC 56341 b
1564+1 statewide.
1565+2 The SIEC shall have at a minimum one representative from
1566+3 each of the following: the Illinois Fire Chiefs Association,
1567+4 the Rural Fire Protection Association, the Office of the State
1568+5 Fire Marshal, the Illinois Association of Chiefs of Police,
1569+6 the Illinois Sheriffs' Association, the Illinois State Police,
1570+7 the Illinois Emergency Management Agency, the Department of
1571+8 Public Health, and the Secretary of State Police (which
1572+9 representative shall be the Director of the Secretary of State
1573+10 Police or his or her designee).
1574+11 (Source: P.A. 102-538, eff. 8-20-21.)
1575+12 Section 25. The State Finance Act is amended by changing
1576+13 Sections 6z-82, 6z-127, and 8.3 as follows:
1577+14 (30 ILCS 105/6z-82)
1578+15 Sec. 6z-82. State Police Operations Assistance Fund.
1579+16 (a) There is created in the State treasury a special fund
1580+17 known as the State Police Operations Assistance Fund. The Fund
1581+18 shall receive revenue under the Criminal and Traffic
1582+19 Assessment Act. The Fund may also receive revenue from grants,
1583+20 donations, appropriations, and any other legal source.
1584+21 (a-5) Notwithstanding any other provision of law to the
1585+22 contrary, and in addition to any other transfers that may be
1586+23 provided by law, on August 20, 2021 (the effective date of
1587+24 Public Act 102-505), or as soon thereafter as practical, the
1588+
1589+
1590+
1591+
1592+
1593+ HB2412 Enrolled - 45 - LRB103 05885 RLC 56341 b
1594+
1595+
1596+HB2412 Enrolled- 46 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 46 - LRB103 05885 RLC 56341 b
1597+ HB2412 Enrolled - 46 - LRB103 05885 RLC 56341 b
1598+1 State Comptroller shall direct and the State Treasurer shall
1599+2 transfer the remaining balance from the Over Dimensional Load
1600+3 Police Escort Fund into the State Police Operations Assistance
1601+4 Fund. Upon completion of the transfer, the Over Dimensional
1602+5 Load Police Escort Fund is dissolved, and any future deposits
1603+6 due to that Fund and any outstanding obligations or
1604+7 liabilities of that Fund shall pass to the State Police
1605+8 Operations Assistance Fund.
1606+9 This Fund may charge, collect, and receive fees or moneys
1607+10 as described in Section 15-312 of the Illinois Vehicle Code,
1608+11 and receive all fees received by the Illinois State Police
1609+12 under that Section. The moneys shall be used by the Illinois
1610+13 State Police for its expenses in providing police escorts and
1611+14 commercial vehicle enforcement activities.
1612+15 (b) The Illinois State Police may use moneys in the Fund to
1613+16 finance any of its lawful purposes or functions.
1614+17 (c) Expenditures may be made from the Fund only as
1615+18 appropriated by the General Assembly by law.
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
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
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)
4128+6 Sec. 14-110. Alternative retirement annuity.
4129+7 (a) Any member who has withdrawn from service with not
4130+8 less than 20 years of eligible creditable service and has
4131+9 attained age 55, and any member who has withdrawn from service
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
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+
4149+
4150+
4151+
4152+
4153+ HB2412 Enrolled - 116 - LRB103 05885 RLC 56341 b
4154+
4155+
4156+HB2412 Enrolled- 117 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 117 - LRB103 05885 RLC 56341 b
4157+ HB2412 Enrolled - 117 - LRB103 05885 RLC 56341 b
4158+1 covered employee: if retirement occurs on or after January
4159+2 1, 2001, 2.5% of final average compensation for each year
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
4164+7 service in excess of 20 but not exceeding 30, and 2.30% for
4165+8 each year in excess of 30.
4166+9 Such annuity shall be subject to a maximum of 75% of final
4167+10 average compensation if retirement occurs before January 1,
4168+11 2001 or to a maximum of 80% of final average compensation if
4169+12 retirement occurs on or after January 1, 2001.
4170+13 These rates shall not be applicable to any service
4171+14 performed by a member as a covered employee which is not
4172+15 eligible creditable service. Service as a covered employee
4173+16 which is not eligible creditable service shall be subject to
4174+17 the rates and provisions of Section 14-108.
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+
4185+
4186+
4187+
4188+
4189+ HB2412 Enrolled - 117 - LRB103 05885 RLC 56341 b
4190+
4191+
4192+HB2412 Enrolled- 118 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 118 - LRB103 05885 RLC 56341 b
4193+ HB2412 Enrolled - 118 - LRB103 05885 RLC 56341 b
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+
4222+
4223+
4224+
4225+ HB2412 Enrolled - 118 - LRB103 05885 RLC 56341 b
4226+
4227+
4228+HB2412 Enrolled- 119 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 119 - LRB103 05885 RLC 56341 b
4229+ HB2412 Enrolled - 119 - LRB103 05885 RLC 56341 b
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+
4258+
4259+
4260+
4261+ HB2412 Enrolled - 119 - LRB103 05885 RLC 56341 b
4262+
4263+
4264+HB2412 Enrolled- 120 -LRB103 05885 RLC 56341 b HB2412 Enrolled - 120 - LRB103 05885 RLC 56341 b
4265+ HB2412 Enrolled - 120 - LRB103 05885 RLC 56341 b
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
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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.
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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
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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:
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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
5207+10 procedures regarding the administration of this Fund. Fifty
5208+11 percent of the moneys in the Fund shall be allocated by the
5209+12 Department for sheriffs' offices and police departments. The
5210+13 remaining moneys in the Fund received under this amendatory
5211+14 Act of the 101st General Assembly shall be allocated to the
5212+15 Illinois State Police for education and administration of the
5213+16 Act.
5214+17 Notwithstanding any other provision of law, in addition to
5215+18 any other transfers that may be provided by law, on the
5216+19 effective date of this amendatory Act of the 103rd General
5217+20 Assembly, or as soon thereafter as practical, the State
5218+21 Comptroller shall direct and the State Treasurer shall
5219+22 transfer the remaining balance from the Sex Offender
5220+23 Investigation Fund to the Offender Registration Fund. Upon
5221+24 completion of the transfers, the Sex Offender Investigation
5222+25 Fund is dissolved, and any future deposits into the Sex
5223+26 Offender Investigation Fund and any outstanding obligations or
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5234+1 liabilities of the Sex Offender Investigation Fund pass to the
5235+2 Offender Registration Fund.
5236+3 (Source: P.A. 101-571, eff. 8-23-19; 102-538, eff. 8-20-21.)
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