Illinois 2023 2023-2024 Regular Session

Illinois House Bill HB2475 Enrolled / Bill

Filed 05/22/2023

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1  AN ACT concerning State government.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Illinois State Police Act is amended by
5  changing Section 9 as follows:
6  (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
7  Sec. 9. Appointment; qualifications.
8  (a) Except as otherwise provided in this Section, the
9  appointment of Illinois State Police officers shall be made
10  from those applicants who have been certified by the Board as
11  being qualified for appointment. All persons so appointed
12  shall, at the time of their appointment, be not less than 21
13  years of age, or 20 years of age and have successfully
14  completed an associate's degree or 60 credit hours at an
15  accredited college or university. Any person appointed
16  subsequent to successful completion of an associate's degree
17  or 60 credit hours at an accredited college or university
18  shall not have power of arrest, nor shall he or she be
19  permitted to carry firearms, until he or she reaches 21 years
20  of age. In addition, all persons so certified for appointment
21  shall be of sound mind and body, be of good moral character, be
22  citizens of the United States, have no criminal records,
23  possess such prerequisites of training, education, and

 

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1  experience as the Board may from time to time prescribe so long
2  as persons who have an associate's degree or 60 credit hours at
3  an accredited college or university are not disqualified, and
4  shall be required to pass successfully such mental and
5  physical tests and examinations as may be prescribed by the
6  Board. A person who meets All persons who meet one of the
7  following requirements is are deemed to have met the
8  collegiate educational requirements:
9  (i) has have been honorably discharged and who has
10  have been awarded a Southwest Asia Service Medal, Kuwait
11  Liberation Medal (Saudi Arabia), Kuwait Liberation Medal
12  (Kuwait), Kosovo Campaign Medal, Korean Defense Service
13  Medal, Afghanistan Campaign Medal, Iraq Campaign Medal,
14  Global War on Terrorism Service Medal, or Global War on
15  Terrorism Expeditionary Medal, or Inherent Resolve
16  Campaign Medal by the United States Armed Forces;
17  (ii) is an active member are active members of the
18  Illinois National Guard or a reserve component of the
19  United States Armed Forces and who has have been awarded a
20  Southwest Asia Service Medal, Kuwait Liberation Medal
21  (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Kosovo
22  Campaign Medal, Korean Defense Service Medal, Afghanistan
23  Campaign Medal, Iraq Campaign Medal, Global War on
24  Terrorism Service Medal, or Global War on Terrorism
25  Expeditionary Medal, or Inherent Resolve Campaign Medal as
26  a result of honorable service during deployment on active

 

 

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1  duty;
2  (iii) has have been honorably discharged who served in
3  a combat mission by proof of hostile fire pay or imminent
4  danger pay during deployment on active duty; or
5  (iv) has have at least 3 years of full active and
6  continuous United States Armed Forces military duty, which
7  shall also include a period of active duty with the State
8  of Illinois under Title 10 or Title 32 of the United States
9  Code pursuant to an order of the President or the Governor
10  of the State of Illinois, and received an honorable
11  discharge before hiring; or .
12  (v) has successfully completed basic law enforcement
13  training, has at least 3 years of continuous, full-time
14  service as a peace officer with the same police
15  department, and is currently serving as a peace officer
16  when applying.
17  Preference shall be given in such appointments to persons
18  who have honorably served in the United States Armed Forces
19  military or naval services of the United States. All
20  appointees shall serve a probationary period of 12 months from
21  the date of appointment and during that period may be
22  discharged at the will of the Director. However, the Director
23  may in his or her sole discretion extend the probationary
24  period of an officer up to an additional 6 months when to do so
25  is deemed in the best interest of the Illinois State Police.
26  Nothing in this subsection (a) limits the Board's ability to

 

 

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1  prescribe education prerequisites or requirements to certify
2  Illinois State Police officers for promotion as provided in
3  Section 10 of this Act.
4  (b) Notwithstanding the other provisions of this Act,
5  after July 1, 1977 and before July 1, 1980, the Director of
6  State Police may appoint and promote not more than 20 persons
7  having special qualifications as special agents as he or she
8  deems necessary to carry out the Department's objectives. Any
9  such appointment or promotion shall be ratified by the Board.
10  (c) During the 90 days following March 31, 1995 (the
11  effective date of Public Act 89-9), the Director of State
12  Police may appoint up to 25 persons as State Police officers.
13  These appointments shall be made in accordance with the
14  requirements of this subsection (c) and any additional
15  criteria that may be established by the Director, but are not
16  subject to any other requirements of this Act. The Director
17  may specify the initial rank for each person appointed under
18  this subsection.
19  All appointments under this subsection (c) shall be made
20  from personnel certified by the Board. A person certified by
21  the Board and appointed by the Director under this subsection
22  must have been employed by the Illinois Commerce Commission on
23  November 30, 1994 in a job title subject to the Personnel Code
24  and in a position for which the person was eligible to earn
25  "eligible creditable service" as a "noncovered employee", as
26  those terms are defined in Article 14 of the Illinois Pension

 

 

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1  Code.
2  Persons appointed under this subsection (c) shall
3  thereafter be subject to the same requirements and procedures
4  as other State police officers. A person appointed under this
5  subsection must serve a probationary period of 12 months from
6  the date of appointment, during which he or she may be
7  discharged at the will of the Director.
8  This subsection (c) does not affect or limit the
9  Director's authority to appoint other State Police officers
10  under subsection (a) of this Section.
11  (d) During the 180 days following January 1, 2022 (the
12  effective date of Public Act 101-652), the Director of the
13  Illinois State Police may appoint current Illinois State
14  Police employees serving in law enforcement officer positions
15  previously within Central Management Services as State Police
16  officers. These appointments shall be made in accordance with
17  the requirements of this subsection (d) and any institutional
18  criteria that may be established by the Director, but are not
19  subject to any other requirements of this Act. All
20  appointments under this subsection (d) shall be made from
21  personnel certified by the Board. A person certified by the
22  Board and appointed by the Director under this subsection must
23  have been employed by the a State agency, board, or commission
24  on January 1, 2021 in a job title subject to the Personnel Code
25  and in a position for which the person was eligible to earn
26  "eligible creditable service" as a "noncovered employee", as

 

 

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1  those terms are defined in Article 14 of the Illinois Pension
2  Code. Persons appointed under this subsection (d) shall
3  thereafter be subject to the same requirements, and subject to
4  the same contractual benefits and obligations, as other State
5  police officers. This subsection (d) does not affect or limit
6  the Director's authority to appoint other State Police
7  officers under subsection (a) of this Section.
8  (e) The Merit Board shall review Illinois State Police
9  Cadet applicants. The Illinois State Police may provide
10  background check and investigation material to the Board for
11  its review pursuant to this Section. The Board shall approve
12  and ensure that no cadet applicant is certified unless the
13  applicant is a person of good character and has not been
14  convicted of, or entered a plea of guilty to, a felony offense,
15  any of the misdemeanors specified in this Section or if
16  committed in any other state would be an offense similar to
17  Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,
18  11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,
19  17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
20  violation of any Section of Part E of Title III of the Criminal
21  Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of
22  the Criminal Code of 1961 or the Criminal Code of 2012, or
23  subsection (a) of Section 17-32 of the Criminal Code of 1961 or
24  the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis
25  Control Act, or any felony or misdemeanor in violation of
26  federal law or the law of any state that is the equivalent of

 

 

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1  any of the offenses specified therein. The Officer
2  Professional Conduct Database, provided for in Section 9.2 of
3  the Illinois Police Training Act, shall be searched as part of
4  this process. For purposes of this Section, "convicted of, or
5  entered a plea of guilty" regardless of whether the
6  adjudication of guilt or sentence is withheld or not entered
7  thereon. This includes sentences of supervision, conditional
8  discharge, or first offender probation, or any similar
9  disposition provided for by law.
10  (f) The Board shall by rule establish an application fee
11  waiver program for any person who meets one or more of the
12  following criteria:
13  (1) his or her available personal income is 200% or
14  less of the current poverty level; or
15  (2) he or she is, in the discretion of the Board,
16  unable to proceed in an action with payment of application
17  fee and payment of that fee would result in substantial
18  hardship to the person or the person's family.
19  (Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;
20  102-538, eff. 8-20-21; 102-694, eff. 1-7-22; 102-813, eff.
21  5-13-22; revised 8-24-22.)

 

 

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