103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3751 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 Amends the Illinois Municipal Code. Provides that an individual who is not a citizen but is legally authorized to work in the United States under federal law is authorized to apply for the position of police officer, subject to all requirements and limitations, other than citizenship, to which other applicants are subject. Effective January 1, 2024. LRB103 26925 AWJ 53289 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3751 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 Amends the Illinois Municipal Code. Provides that an individual who is not a citizen but is legally authorized to work in the United States under federal law is authorized to apply for the position of police officer, subject to all requirements and limitations, other than citizenship, to which other applicants are subject. Effective January 1, 2024. LRB103 26925 AWJ 53289 b LRB103 26925 AWJ 53289 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3751 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 Amends the Illinois Municipal Code. Provides that an individual who is not a citizen but is legally authorized to work in the United States under federal law is authorized to apply for the position of police officer, subject to all requirements and limitations, other than citizenship, to which other applicants are subject. Effective January 1, 2024. LRB103 26925 AWJ 53289 b LRB103 26925 AWJ 53289 b LRB103 26925 AWJ 53289 b A BILL FOR HB3751LRB103 26925 AWJ 53289 b HB3751 LRB103 26925 AWJ 53289 b HB3751 LRB103 26925 AWJ 53289 b 1 AN ACT concerning local government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Sections 10-1-7 and 10-2.1-6 as follows: 6 (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7) 7 Sec. 10-1-7. Examination of applicants; disqualifications. 8 (a) All applicants for offices or places in the classified 9 service, except those mentioned in Section 10-1-17, are 10 subject to examination. The examination shall be public, 11 competitive, and open to all citizens of the United States, 12 with specified limitations as to residence, age, health, 13 habits, and moral character. An individual who is not a 14 citizen but is legally authorized to work in the United States 15 under federal law is authorized to apply for the position of 16 police officer, subject to all requirements and limitations, 17 other than citizenship, to which other applicants are subject. 18 (b) Residency requirements in effect at the time an 19 individual enters the fire or police service of a municipality 20 (other than a municipality that has more than 1,000,000 21 inhabitants) cannot be made more restrictive for that 22 individual during his or her period of service for that 23 municipality, or be made a condition of promotion, except for 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3751 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 Amends the Illinois Municipal Code. Provides that an individual who is not a citizen but is legally authorized to work in the United States under federal law is authorized to apply for the position of police officer, subject to all requirements and limitations, other than citizenship, to which other applicants are subject. Effective January 1, 2024. LRB103 26925 AWJ 53289 b LRB103 26925 AWJ 53289 b LRB103 26925 AWJ 53289 b A BILL FOR 65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7 65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6 LRB103 26925 AWJ 53289 b HB3751 LRB103 26925 AWJ 53289 b HB3751- 2 -LRB103 26925 AWJ 53289 b HB3751 - 2 - LRB103 26925 AWJ 53289 b HB3751 - 2 - LRB103 26925 AWJ 53289 b 1 the rank or position of Fire or Police Chief. 2 (c) No person with a record of misdemeanor convictions 3 except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 4 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, 5 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 6 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions 7 (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), 8 (6), and (8) of subsection (a) of Section 24-1 of the Criminal 9 Code of 1961 or the Criminal Code of 2012 or arrested for any 10 cause but not convicted on that cause shall be disqualified 11 from taking the examination on grounds of habits or moral 12 character, unless the person is attempting to qualify for a 13 position on the police department, in which case the 14 conviction or arrest may be considered as a factor in 15 determining the person's habits or moral character. 16 (d) Persons entitled to military preference under Section 17 10-1-16 shall not be subject to limitations specifying age 18 unless they are applicants for a position as a fireman or a 19 policeman having no previous employment status as a fireman or 20 policeman in the regularly constituted fire or police 21 department of the municipality, in which case they must not 22 have attained their 35th birthday, except any person who has 23 served as an auxiliary police officer under Section 3.1-30-20 24 for at least 5 years and is under 40 years of age. 25 (e) All employees of a municipality of less than 500,000 26 population (except those who would be excluded from the HB3751 - 2 - LRB103 26925 AWJ 53289 b HB3751- 3 -LRB103 26925 AWJ 53289 b HB3751 - 3 - LRB103 26925 AWJ 53289 b HB3751 - 3 - LRB103 26925 AWJ 53289 b 1 classified service as provided in this Division 1) who are 2 holding that employment as of the date a municipality adopts 3 this Division 1, or as of July 17, 1959, whichever date is the 4 later, and who have held that employment for at least 2 years 5 immediately before that later date, and all firemen and 6 policemen regardless of length of service who were either 7 appointed to their respective positions by the board of fire 8 and police commissioners under the provisions of Division 2 of 9 this Article or who are serving in a position (except as a 10 temporary employee) in the fire or police department in the 11 municipality on the date a municipality adopts this Division 12 1, or as of July 17, 1959, whichever date is the later, shall 13 become members of the classified civil service of the 14 municipality without examination. 15 (f) The examinations shall be practical in their 16 character, and shall relate to those matters that will fairly 17 test the relative capacity of the persons examined to 18 discharge the duties of the positions to which they seek to be 19 appointed. The examinations shall include tests of physical 20 qualifications, health, and (when appropriate) manual skill. 21 If an applicant is unable to pass the physical examination 22 solely as the result of an injury received by the applicant as 23 the result of the performance of an act of duty while working 24 as a temporary employee in the position for which he or she is 25 being examined, however, the physical examination shall be 26 waived and the applicant shall be considered to have passed HB3751 - 3 - LRB103 26925 AWJ 53289 b HB3751- 4 -LRB103 26925 AWJ 53289 b HB3751 - 4 - LRB103 26925 AWJ 53289 b HB3751 - 4 - LRB103 26925 AWJ 53289 b 1 the examination. No questions in any examination shall relate 2 to political or religious opinions or affiliations. Results of 3 examinations and the eligible registers prepared from the 4 results shall be published by the commission within 60 days 5 after any examinations are held. 6 (g) The commission shall control all examinations, and 7 may, whenever an examination is to take place, designate a 8 suitable number of persons, either in or not in the official 9 service of the municipality, to be examiners. The examiners 10 shall conduct the examinations as directed by the commission 11 and shall make a return or report of the examinations to the 12 commission. If the appointed examiners are in the official 13 service of the municipality, the examiners shall not receive 14 extra compensation for conducting the examinations unless the 15 examiners are subject to a collective bargaining agreement 16 with the municipality. The commission may at any time 17 substitute any other person, whether or not in the service of 18 the municipality, in the place of any one selected as an 19 examiner. The commission members may themselves at any time 20 act as examiners without appointing examiners. The examiners 21 at any examination shall not all be members of the same 22 political party. 23 (h) In municipalities of 500,000 or more population, no 24 person who has attained his or her 35th birthday shall be 25 eligible to take an examination for a position as a fireman or 26 a policeman unless the person has had previous employment HB3751 - 4 - LRB103 26925 AWJ 53289 b HB3751- 5 -LRB103 26925 AWJ 53289 b HB3751 - 5 - LRB103 26925 AWJ 53289 b HB3751 - 5 - LRB103 26925 AWJ 53289 b 1 status as a policeman or fireman in the regularly constituted 2 police or fire department of the municipality, except as 3 provided in this Section. 4 (i) In municipalities of more than 5,000 but not more than 5 200,000 inhabitants, no person who has attained his or her 6 35th birthday shall be eligible to take an examination for a 7 position as a fireman or a policeman unless the person has had 8 previous employment status as a policeman or fireman in the 9 regularly constituted police or fire department of the 10 municipality, except as provided in this Section. 11 (j) In all municipalities, applicants who are 20 years of 12 age and who have successfully completed 2 years of law 13 enforcement studies at an accredited college or university may 14 be considered for appointment to active duty with the police 15 department. An applicant described in this subsection (j) who 16 is appointed to active duty shall not have power of arrest, nor 17 shall the applicant be permitted to carry firearms, until he 18 or she reaches 21 years of age. 19 (k) In municipalities of more than 500,000 population, 20 applications for examination for and appointment to positions 21 as firefighters or police shall be made available at various 22 branches of the public library of the municipality. 23 (l) No municipality having a population less than 24 1,000,000 shall require that any fireman appointed to the 25 lowest rank serve a probationary employment period of longer 26 than one year. The limitation on periods of probationary HB3751 - 5 - LRB103 26925 AWJ 53289 b HB3751- 6 -LRB103 26925 AWJ 53289 b HB3751 - 6 - LRB103 26925 AWJ 53289 b HB3751 - 6 - LRB103 26925 AWJ 53289 b 1 employment provided in Public Act 86-990 is an exclusive power 2 and function of the State. Pursuant to subsection (h) of 3 Section 6 of Article VII of the Illinois Constitution, a home 4 rule municipality having a population less than 1,000,000 must 5 comply with this limitation on periods of probationary 6 employment, which is a denial and limitation of home rule 7 powers. Notwithstanding anything to the contrary in this 8 Section, the probationary employment period limitation may be 9 extended for a firefighter who is required, as a condition of 10 employment, to be a licensed paramedic, during which time the 11 sole reason that a firefighter may be discharged without a 12 hearing is for failing to meet the requirements for paramedic 13 licensure. 14 (m) To the extent that this Section or any other Section in 15 this Division conflicts with Section 10-1-7.1 or 10-1-7.2, 16 then Section 10-1-7.1 or 10-1-7.2 shall control. 17 (Source: P.A. 102-813, eff. 5-13-22.) 18 (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6) 19 Sec. 10-2.1-6. Examination of applicants; 20 disqualifications. 21 (a) All applicants for a position in either the fire or 22 police department of the municipality shall be under 35 years 23 of age, shall be subject to an examination that shall be 24 public, competitive, and open to all applicants (unless the 25 council or board of trustees by ordinance limit applicants to HB3751 - 6 - LRB103 26925 AWJ 53289 b HB3751- 7 -LRB103 26925 AWJ 53289 b HB3751 - 7 - LRB103 26925 AWJ 53289 b HB3751 - 7 - LRB103 26925 AWJ 53289 b 1 electors of the municipality, county, state, or nation) and 2 shall be subject to reasonable limitations as to residence, 3 health, habits, and moral character. An individual who is not 4 a citizen but is legally authorized to work in the United 5 States under federal law is authorized to apply for the 6 position of police officer, subject to all requirements and 7 limitations, other than citizenship, to which other applicants 8 are subject. The municipality may not charge or collect any 9 fee from an applicant who has met all prequalification 10 standards established by the municipality for any such 11 position. With respect to a police department, a veteran shall 12 be allowed to exceed the maximum age provision of this Section 13 by the number of years served on active military duty, but by 14 no more than 10 years of active military duty. 15 (b) Residency requirements in effect at the time an 16 individual enters the fire or police service of a municipality 17 (other than a municipality that has more than 1,000,000 18 inhabitants) cannot be made more restrictive for that 19 individual during his period of service for that municipality, 20 or be made a condition of promotion, except for the rank or 21 position of Fire or Police Chief. 22 (c) No person with a record of misdemeanor convictions 23 except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, 24 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, 25 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 26 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions HB3751 - 7 - LRB103 26925 AWJ 53289 b HB3751- 8 -LRB103 26925 AWJ 53289 b HB3751 - 8 - LRB103 26925 AWJ 53289 b HB3751 - 8 - LRB103 26925 AWJ 53289 b 1 (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), 2 (6), and (8) of subsection (a) of Section 24-1 of the Criminal 3 Code of 1961 or the Criminal Code of 2012, or arrested for any 4 cause but not convicted on that cause shall be disqualified 5 from taking the examination to qualify for a position in the 6 fire department on grounds of habits or moral character. 7 (d) The age limitation in subsection (a) does not apply 8 (i) to any person previously employed as a policeman or 9 fireman in a regularly constituted police or fire department 10 of (I) any municipality, regardless of whether the 11 municipality is located in Illinois or in another state, or 12 (II) a fire protection district whose obligations were assumed 13 by a municipality under Section 21 of the Fire Protection 14 District Act, (ii) to any person who has served a municipality 15 as a regularly enrolled volunteer fireman for 5 years 16 immediately preceding the time that municipality begins to use 17 full time firemen to provide all or part of its fire protection 18 service, or (iii) to any person who has served as an auxiliary 19 police officer under Section 3.1-30-20 for at least 5 years 20 and is under 40 years of age, (iv) to any person who has served 21 as a deputy under Section 3-6008 of the Counties Code and 22 otherwise meets necessary training requirements, or (v) to any 23 person who has served as a sworn officer as a member of the 24 Illinois State Police. 25 (e) Applicants who are 20 years of age and who have 26 successfully completed 2 years of law enforcement studies at HB3751 - 8 - LRB103 26925 AWJ 53289 b HB3751- 9 -LRB103 26925 AWJ 53289 b HB3751 - 9 - LRB103 26925 AWJ 53289 b HB3751 - 9 - LRB103 26925 AWJ 53289 b 1 an accredited college or university may be considered for 2 appointment to active duty with the police department. An 3 applicant described in this subsection (e) who is appointed to 4 active duty shall not have power of arrest, nor shall the 5 applicant be permitted to carry firearms, until he or she 6 reaches 21 years of age. 7 (f) Applicants who are 18 years of age and who have 8 successfully completed 2 years of study in fire techniques, 9 amounting to a total of 4 high school credits, within the cadet 10 program of a municipality may be considered for appointment to 11 active duty with the fire department of any municipality. 12 (g) The council or board of trustees may by ordinance 13 provide that persons residing outside the municipality are 14 eligible to take the examination. 15 (h) The examinations shall be practical in character and 16 relate to those matters that will fairly test the capacity of 17 the persons examined to discharge the duties of the positions 18 to which they seek appointment. No person shall be appointed 19 to the police or fire department if he or she does not possess 20 a high school diploma or an equivalent high school education. 21 A board of fire and police commissioners may, by its rules, 22 require police applicants to have obtained an associate's 23 degree or a bachelor's degree as a prerequisite for 24 employment. The examinations shall include tests of physical 25 qualifications and health. A board of fire and police 26 commissioners may, by its rules, waive portions of the HB3751 - 9 - LRB103 26925 AWJ 53289 b HB3751- 10 -LRB103 26925 AWJ 53289 b HB3751 - 10 - LRB103 26925 AWJ 53289 b HB3751 - 10 - LRB103 26925 AWJ 53289 b 1 required examination for police applicants who have previously 2 been full-time sworn officers of a regular police department 3 in any municipal, county, university, or State law enforcement 4 agency, provided they are certified by the Illinois Law 5 Enforcement Training Standards Board and have been with their 6 respective law enforcement agency within the State for at 7 least 2 years. No person shall be appointed to the police or 8 fire department if he or she has suffered the amputation of any 9 limb unless the applicant's duties will be only clerical or as 10 a radio operator. No applicant shall be examined concerning 11 his or her political or religious opinions or affiliations. 12 The examinations shall be conducted by the board of fire and 13 police commissioners of the municipality as provided in this 14 Division 2.1. 15 The requirement that a police applicant possess an 16 associate's degree under this subsection may be waived if one 17 or more of the following applies: (1) the applicant has served 18 for 24 months of honorable active duty in the United States 19 Armed Forces and has not been discharged dishonorably or under 20 circumstances other than honorable; (2) the applicant has 21 served for 180 days of active duty in the United States Armed 22 Forces in combat duty recognized by the Department of Defense 23 and has not been discharged dishonorably or under 24 circumstances other than honorable; or (3) the applicant has 25 successfully received credit for a minimum of 60 credit hours 26 toward a bachelor's degree from an accredited college or HB3751 - 10 - LRB103 26925 AWJ 53289 b HB3751- 11 -LRB103 26925 AWJ 53289 b HB3751 - 11 - LRB103 26925 AWJ 53289 b HB3751 - 11 - LRB103 26925 AWJ 53289 b 1 university. 2 The requirement that a police applicant possess a 3 bachelor's degree under this subsection may be waived if one 4 or more of the following applies: (1) the applicant has served 5 for 36 months of honorable active duty in the United States 6 Armed Forces and has not been discharged dishonorably or under 7 circumstances other than honorable or (2) the applicant has 8 served for 180 days of active duty in the United States Armed 9 Forces in combat duty recognized by the Department of Defense 10 and has not been discharged dishonorably or under 11 circumstances other than honorable. 12 (i) No person who is classified by his local selective 13 service draft board as a conscientious objector, or who has 14 ever been so classified, may be appointed to the police 15 department. 16 (j) No person shall be appointed to the police or fire 17 department unless he or she is a person of good character and 18 not an habitual drunkard, gambler, or a person who has been 19 convicted of a felony or a crime involving moral turpitude. No 20 person, however, shall be disqualified from appointment to the 21 fire department because of his or her record of misdemeanor 22 convictions except those under Sections 11-1.50, 11-6, 11-7, 23 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 24 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 25 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, 26 subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and HB3751 - 11 - LRB103 26925 AWJ 53289 b HB3751- 12 -LRB103 26925 AWJ 53289 b HB3751 - 12 - LRB103 26925 AWJ 53289 b HB3751 - 12 - LRB103 26925 AWJ 53289 b 1 paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 2 of the Criminal Code of 1961 or the Criminal Code of 2012, or 3 arrest for any cause without conviction on that cause. Any 4 such person who is in the department may be removed on charges 5 brought and after a trial as provided in this Division 2.1. 6 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) 7 Section 99. Effective date. This Act takes effect January 8 1, 2024. HB3751 - 12 - LRB103 26925 AWJ 53289 b