| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Public Act 103-0357 | |
| 2 | 1 | HB3751 EnrolledLRB103 26925 AWJ 53289 b HB3751 Enrolled LRB103 26925 AWJ 53289 b | |
| 3 | 2 | HB3751 Enrolled LRB103 26925 AWJ 53289 b | |
| 4 | - | AN ACT concerning local government. | |
| 5 | - | Be it enacted by the People of the State of Illinois, | |
| 6 | - | represented in the General Assembly: | |
| 7 | - | Section 3. The Counties Code is amended by changing | |
| 8 | - | Sections 3-6033 and 3-7008 as follows: | |
| 9 | - | (55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033) | |
| 10 | - | Sec. 3-6033. Citizenship and residence. The It is unlawful | |
| 11 | - | for the sheriff of any county of fewer than 1,000,000 | |
| 12 | - | inhabitants, or the corporate authorities of any municipality | |
| 13 | - | may city, town or village to authorize, empower, employ, or | |
| 14 | - | permit a any person to act as deputy sheriff or special | |
| 15 | - | policeman for the purpose of preserving the peace, who is not a | |
| 16 | - | citizen of the United States, who is legally authorized under | |
| 17 | - | federal law to work in the United States and is authorized | |
| 18 | - | under federal law to obtain, carry, or purchase or otherwise | |
| 19 | - | possess a firearm, or who is an individual against whom | |
| 20 | - | immigration action has been deferred by the U.S. Citizenship | |
| 21 | - | and Immigration Services under the federal Deferred Action for | |
| 22 | - | Childhood Arrivals (DACA) process and is authorized under | |
| 23 | - | federal law to obtain, carry, or purchase or otherwise possess | |
| 24 | - | a firearm. | |
| 25 | - | (Source: P.A. 86-962; 87-357.) | |
| 3 | + | 1 AN ACT concerning local government. | |
| 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 Counties Code is amended by changing | |
| 7 | + | 5 Sections 3-6033 and 3-7008 as follows: | |
| 8 | + | 6 (55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033) | |
| 9 | + | 7 Sec. 3-6033. Citizenship and residence. The It is unlawful | |
| 10 | + | 8 for the sheriff of any county of fewer than 1,000,000 | |
| 11 | + | 9 inhabitants, or the corporate authorities of any municipality | |
| 12 | + | 10 may city, town or village to authorize, empower, employ, or | |
| 13 | + | 11 permit a any person to act as deputy sheriff or special | |
| 14 | + | 12 policeman for the purpose of preserving the peace, who is not a | |
| 15 | + | 13 citizen of the United States, who is legally authorized under | |
| 16 | + | 14 federal law to work in the United States and is authorized | |
| 17 | + | 15 under federal law to obtain, carry, or purchase or otherwise | |
| 18 | + | 16 possess a firearm, or who is an individual against whom | |
| 19 | + | 17 immigration action has been deferred by the U.S. Citizenship | |
| 20 | + | 18 and Immigration Services under the federal Deferred Action for | |
| 21 | + | 19 Childhood Arrivals (DACA) process and is authorized under | |
| 22 | + | 20 federal law to obtain, carry, or purchase or otherwise possess | |
| 23 | + | 21 a firearm. | |
| 24 | + | 22 (Source: P.A. 86-962; 87-357.) | |
| 26 | 25 | ||
| 27 | 26 | ||
| 28 | 27 | ||
| 29 | 28 | HB3751 Enrolled LRB103 26925 AWJ 53289 b | |
| 30 | 29 | ||
| 31 | 30 | ||
| 32 | - | (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008) | |
| 33 | - | Sec. 3-7008. Appointments. The appointment of deputy | |
| 34 | - | sheriffs in the Police Department, full-time deputy sheriffs | |
| 35 | - | not employed as county police officers or county corrections | |
| 36 | - | officers and of employees in the Department of Corrections | |
| 37 | - | shall be made from those applicants who have been certified by | |
| 38 | - | the Board as being qualified for appointment. Certification | |
| 39 | - | for appointment in one department shall not constitute | |
| 40 | - | certification for appointment in another department. | |
| 41 | - | Certification may be made at any point prior to appointment | |
| 42 | - | and may be made in conjunction with the Sheriff's application | |
| 43 | - | process. All persons so appointed shall, at the time of their | |
| 44 | - | appointment, be not less than 21 years of age, or 20 years of | |
| 45 | - | age and have successfully completed 2 years of law enforcement | |
| 46 | - | studies at an accredited college or university. Any person | |
| 47 | - | appointed subsequent to successful completion of 2 years of | |
| 48 | - | such law enforcement studies shall not have power of arrest, | |
| 49 | - | nor shall he or she be permitted to carry firearms, until he or | |
| 50 | - | she reaches 21 years of age. Any person appointed shall be a | |
| 51 | - | citizen of the United States, an individual who is legally | |
| 52 | - | authorized to work in the United States under federal law and | |
| 53 | - | is authorized under federal law to obtain, carry, or purchase | |
| 54 | - | or otherwise possess a firearm, or an individual against whom | |
| 55 | - | immigration action has been deferred by the U.S. Citizenship | |
| 56 | - | and Immigration Services under the federal Deferred Action for | |
| 57 | - | Childhood Arrivals (DACA) process and who is authorized under | |
| 31 | + | HB3751 Enrolled- 2 -LRB103 26925 AWJ 53289 b HB3751 Enrolled - 2 - LRB103 26925 AWJ 53289 b | |
| 32 | + | HB3751 Enrolled - 2 - LRB103 26925 AWJ 53289 b | |
| 33 | + | 1 (55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008) | |
| 34 | + | 2 Sec. 3-7008. Appointments. The appointment of deputy | |
| 35 | + | 3 sheriffs in the Police Department, full-time deputy sheriffs | |
| 36 | + | 4 not employed as county police officers or county corrections | |
| 37 | + | 5 officers and of employees in the Department of Corrections | |
| 38 | + | 6 shall be made from those applicants who have been certified by | |
| 39 | + | 7 the Board as being qualified for appointment. Certification | |
| 40 | + | 8 for appointment in one department shall not constitute | |
| 41 | + | 9 certification for appointment in another department. | |
| 42 | + | 10 Certification may be made at any point prior to appointment | |
| 43 | + | 11 and may be made in conjunction with the Sheriff's application | |
| 44 | + | 12 process. All persons so appointed shall, at the time of their | |
| 45 | + | 13 appointment, be not less than 21 years of age, or 20 years of | |
| 46 | + | 14 age and have successfully completed 2 years of law enforcement | |
| 47 | + | 15 studies at an accredited college or university. Any person | |
| 48 | + | 16 appointed subsequent to successful completion of 2 years of | |
| 49 | + | 17 such law enforcement studies shall not have power of arrest, | |
| 50 | + | 18 nor shall he or she be permitted to carry firearms, until he or | |
| 51 | + | 19 she reaches 21 years of age. Any person appointed shall be a | |
| 52 | + | 20 citizen of the United States, an individual who is legally | |
| 53 | + | 21 authorized to work in the United States under federal law and | |
| 54 | + | 22 is authorized under federal law to obtain, carry, or purchase | |
| 55 | + | 23 or otherwise possess a firearm, or an individual against whom | |
| 56 | + | 24 immigration action has been deferred by the U.S. Citizenship | |
| 57 | + | 25 and Immigration Services under the federal Deferred Action for | |
| 58 | + | 26 Childhood Arrivals (DACA) process and who is authorized under | |
| 58 | 59 | ||
| 59 | 60 | ||
| 60 | - | federal law to obtain, carry, or purchase or otherwise possess | |
| 61 | - | a firearm. In addition, all persons so appointed shall be not | |
| 62 | - | more than the maximum age limit fixed by the Board from time to | |
| 63 | - | time, be of sound mind and body, be of good moral character, be | |
| 64 | - | citizens of the United States, have not been convicted of a | |
| 65 | - | crime which the Board considers to be detrimental to the | |
| 66 | - | applicant's ability to carry out his or her duties, possess | |
| 67 | - | such prerequisites of training, education and experience as | |
| 68 | - | the Board may from time to time prescribe, and shall be | |
| 69 | - | required to pass successfully mental, physical, psychiatric | |
| 70 | - | and other tests and examinations as may be prescribed by the | |
| 71 | - | Board. Preference shall be given in such appointments to | |
| 72 | - | persons who have honorably served in the military or naval | |
| 73 | - | services of the United States. All appointees shall serve a | |
| 74 | - | probationary period of 12 months and during that period may be | |
| 75 | - | discharged at the will of the Sheriff. However, civil service | |
| 76 | - | employees of the house of correction who have certified status | |
| 77 | - | at the time of the transfer of the house of correction to the | |
| 78 | - | County Department of Corrections are not subject to this | |
| 79 | - | probationary period, and they shall retain their job titles, | |
| 80 | - | such tenure privileges as are now enjoyed and any subsequent | |
| 81 | - | title changes shall not cause reduction in rank or elimination | |
| 82 | - | of positions. | |
| 83 | - | (Source: P.A. 100-912, eff. 8-17-18.) | |
| 84 | - | Section 5. The Illinois Municipal Code is amended by | |
| 85 | 61 | ||
| 86 | 62 | ||
| 87 | - | changing Sections 10-1-7 and 10-2.1-6 as follows: | |
| 88 | - | (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7) | |
| 89 | - | Sec. 10-1-7. Examination of applicants; disqualifications. | |
| 90 | - | (a) All applicants for offices or places in the classified | |
| 91 | - | service, except those mentioned in Section 10-1-17, are | |
| 92 | - | subject to examination. The examination shall be public, | |
| 93 | - | competitive, and open to all citizens of the United States, | |
| 94 | - | with specified limitations as to residence, age, health, | |
| 95 | - | habits, and moral character. An individual who is not a | |
| 96 | - | citizen but is legally authorized to work in the United States | |
| 97 | - | under federal law or is an individual against whom immigration | |
| 98 | - | action has been deferred by the U.S. Citizenship and | |
| 99 | - | Immigration Services under the federal Deferred Action for | |
| 100 | - | Childhood Arrivals (DACA) process is authorized to apply for | |
| 101 | - | the position of police officer, subject to (i) all | |
| 102 | - | requirements and limitations, other than citizenship, to which | |
| 103 | - | other applicants are subject and (ii) the individual being | |
| 104 | - | authorized under federal law to obtain, carry, or purchase or | |
| 105 | - | otherwise possess a firearm. | |
| 106 | - | (b) Residency requirements in effect at the time an | |
| 107 | - | individual enters the fire or police service of a municipality | |
| 108 | - | (other than a municipality that has more than 1,000,000 | |
| 109 | - | inhabitants) cannot be made more restrictive for that | |
| 110 | - | individual during his or her period of service for that | |
| 111 | - | municipality, or be made a condition of promotion, except for | |
| 63 | + | ||
| 64 | + | HB3751 Enrolled - 2 - LRB103 26925 AWJ 53289 b | |
| 112 | 65 | ||
| 113 | 66 | ||
| 114 | - | the rank or position of Fire or Police Chief. | |
| 115 | - | (c) No person with a record of misdemeanor convictions | |
| 116 | - | except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | |
| 117 | - | 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, | |
| 118 | - | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, | |
| 119 | - | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions | |
| 120 | - | (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), | |
| 121 | - | (6), and (8) of subsection (a) of Section 24-1 of the Criminal | |
| 122 | - | Code of 1961 or the Criminal Code of 2012 or arrested for any | |
| 123 | - | cause but not convicted on that cause shall be disqualified | |
| 124 | - | from taking the examination on grounds of habits or moral | |
| 125 | - | character, unless the person is attempting to qualify for a | |
| 126 | - | position on the police department, in which case the | |
| 127 | - | conviction or arrest may be considered as a factor in | |
| 128 | - | determining the person's habits or moral character. | |
| 129 | - | (d) Persons entitled to military preference under Section | |
| 130 | - | 10-1-16 shall not be subject to limitations specifying age | |
| 131 | - | unless they are applicants for a position as a fireman or a | |
| 132 | - | policeman having no previous employment status as a fireman or | |
| 133 | - | policeman in the regularly constituted fire or police | |
| 134 | - | department of the municipality, in which case they must not | |
| 135 | - | have attained their 35th birthday, except any person who has | |
| 136 | - | served as an auxiliary police officer under Section 3.1-30-20 | |
| 137 | - | for at least 5 years and is under 40 years of age. | |
| 138 | - | (e) All employees of a municipality of less than 500,000 | |
| 139 | - | population (except those who would be excluded from the | |
| 67 | + | HB3751 Enrolled- 3 -LRB103 26925 AWJ 53289 b HB3751 Enrolled - 3 - LRB103 26925 AWJ 53289 b | |
| 68 | + | HB3751 Enrolled - 3 - LRB103 26925 AWJ 53289 b | |
| 69 | + | 1 federal law to obtain, carry, or purchase or otherwise possess | |
| 70 | + | 2 a firearm. In addition, all persons so appointed shall be not | |
| 71 | + | 3 more than the maximum age limit fixed by the Board from time to | |
| 72 | + | 4 time, be of sound mind and body, be of good moral character, be | |
| 73 | + | 5 citizens of the United States, have not been convicted of a | |
| 74 | + | 6 crime which the Board considers to be detrimental to the | |
| 75 | + | 7 applicant's ability to carry out his or her duties, possess | |
| 76 | + | 8 such prerequisites of training, education and experience as | |
| 77 | + | 9 the Board may from time to time prescribe, and shall be | |
| 78 | + | 10 required to pass successfully mental, physical, psychiatric | |
| 79 | + | 11 and other tests and examinations as may be prescribed by the | |
| 80 | + | 12 Board. Preference shall be given in such appointments to | |
| 81 | + | 13 persons who have honorably served in the military or naval | |
| 82 | + | 14 services of the United States. All appointees shall serve a | |
| 83 | + | 15 probationary period of 12 months and during that period may be | |
| 84 | + | 16 discharged at the will of the Sheriff. However, civil service | |
| 85 | + | 17 employees of the house of correction who have certified status | |
| 86 | + | 18 at the time of the transfer of the house of correction to the | |
| 87 | + | 19 County Department of Corrections are not subject to this | |
| 88 | + | 20 probationary period, and they shall retain their job titles, | |
| 89 | + | 21 such tenure privileges as are now enjoyed and any subsequent | |
| 90 | + | 22 title changes shall not cause reduction in rank or elimination | |
| 91 | + | 23 of positions. | |
| 92 | + | 24 (Source: P.A. 100-912, eff. 8-17-18.) | |
| 93 | + | 25 Section 5. The Illinois Municipal Code is amended by | |
| 140 | 94 | ||
| 141 | 95 | ||
| 142 | - | classified service as provided in this Division 1) who are | |
| 143 | - | holding that employment as of the date a municipality adopts | |
| 144 | - | this Division 1, or as of July 17, 1959, whichever date is the | |
| 145 | - | later, and who have held that employment for at least 2 years | |
| 146 | - | immediately before that later date, and all firemen and | |
| 147 | - | policemen regardless of length of service who were either | |
| 148 | - | appointed to their respective positions by the board of fire | |
| 149 | - | and police commissioners under the provisions of Division 2 of | |
| 150 | - | this Article or who are serving in a position (except as a | |
| 151 | - | temporary employee) in the fire or police department in the | |
| 152 | - | municipality on the date a municipality adopts this Division | |
| 153 | - | 1, or as of July 17, 1959, whichever date is the later, shall | |
| 154 | - | become members of the classified civil service of the | |
| 155 | - | municipality without examination. | |
| 156 | - | (f) The examinations shall be practical in their | |
| 157 | - | character, and shall relate to those matters that will fairly | |
| 158 | - | test the relative capacity of the persons examined to | |
| 159 | - | discharge the duties of the positions to which they seek to be | |
| 160 | - | appointed. The examinations shall include tests of physical | |
| 161 | - | qualifications, health, and (when appropriate) manual skill. | |
| 162 | - | If an applicant is unable to pass the physical examination | |
| 163 | - | solely as the result of an injury received by the applicant as | |
| 164 | - | the result of the performance of an act of duty while working | |
| 165 | - | as a temporary employee in the position for which he or she is | |
| 166 | - | being examined, however, the physical examination shall be | |
| 167 | - | waived and the applicant shall be considered to have passed | |
| 168 | 96 | ||
| 169 | 97 | ||
| 170 | - | the examination. No questions in any examination shall relate | |
| 171 | - | to political or religious opinions or affiliations. Results of | |
| 172 | - | examinations and the eligible registers prepared from the | |
| 173 | - | results shall be published by the commission within 60 days | |
| 174 | - | after any examinations are held. | |
| 175 | - | (g) The commission shall control all examinations, and | |
| 176 | - | may, whenever an examination is to take place, designate a | |
| 177 | - | suitable number of persons, either in or not in the official | |
| 178 | - | service of the municipality, to be examiners. The examiners | |
| 179 | - | shall conduct the examinations as directed by the commission | |
| 180 | - | and shall make a return or report of the examinations to the | |
| 181 | - | commission. If the appointed examiners are in the official | |
| 182 | - | service of the municipality, the examiners shall not receive | |
| 183 | - | extra compensation for conducting the examinations unless the | |
| 184 | - | examiners are subject to a collective bargaining agreement | |
| 185 | - | with the municipality. The commission may at any time | |
| 186 | - | substitute any other person, whether or not in the service of | |
| 187 | - | the municipality, in the place of any one selected as an | |
| 188 | - | examiner. The commission members may themselves at any time | |
| 189 | - | act as examiners without appointing examiners. The examiners | |
| 190 | - | at any examination shall not all be members of the same | |
| 191 | - | political party. | |
| 192 | - | (h) In municipalities of 500,000 or more population, no | |
| 193 | - | person who has attained his or her 35th birthday shall be | |
| 194 | - | eligible to take an examination for a position as a fireman or | |
| 195 | - | a policeman unless the person has had previous employment | |
| 98 | + | ||
| 99 | + | HB3751 Enrolled - 3 - LRB103 26925 AWJ 53289 b | |
| 196 | 100 | ||
| 197 | 101 | ||
| 198 | - | status as a policeman or fireman in the regularly constituted | |
| 199 | - | police or fire department of the municipality, except as | |
| 200 | - | provided in this Section. | |
| 201 | - | (i) In municipalities of more than 5,000 but not more than | |
| 202 | - | 200,000 inhabitants, no person who has attained his or her | |
| 203 | - | 35th birthday shall be eligible to take an examination for a | |
| 204 | - | position as a fireman or a policeman unless the person has had | |
| 205 | - | previous employment status as a policeman or fireman in the | |
| 206 | - | regularly constituted police or fire department of the | |
| 207 | - | municipality, except as provided in this Section. | |
| 208 | - | (j) In all municipalities, applicants who are 20 years of | |
| 209 | - | age and who have successfully completed 2 years of law | |
| 210 | - | enforcement studies at an accredited college or university may | |
| 211 | - | be considered for appointment to active duty with the police | |
| 212 | - | department. An applicant described in this subsection (j) who | |
| 213 | - | is appointed to active duty shall not have power of arrest, nor | |
| 214 | - | shall the applicant be permitted to carry firearms, until he | |
| 215 | - | or she reaches 21 years of age. | |
| 216 | - | (k) In municipalities of more than 500,000 population, | |
| 217 | - | applications for examination for and appointment to positions | |
| 218 | - | as firefighters or police shall be made available at various | |
| 219 | - | branches of the public library of the municipality. | |
| 220 | - | (l) No municipality having a population less than | |
| 221 | - | 1,000,000 shall require that any fireman appointed to the | |
| 222 | - | lowest rank serve a probationary employment period of longer | |
| 223 | - | than one year. The limitation on periods of probationary | |
| 102 | + | HB3751 Enrolled- 4 -LRB103 26925 AWJ 53289 b HB3751 Enrolled - 4 - LRB103 26925 AWJ 53289 b | |
| 103 | + | HB3751 Enrolled - 4 - LRB103 26925 AWJ 53289 b | |
| 104 | + | 1 changing Sections 10-1-7 and 10-2.1-6 as follows: | |
| 105 | + | 2 (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7) | |
| 106 | + | 3 Sec. 10-1-7. Examination of applicants; disqualifications. | |
| 107 | + | 4 (a) All applicants for offices or places in the classified | |
| 108 | + | 5 service, except those mentioned in Section 10-1-17, are | |
| 109 | + | 6 subject to examination. The examination shall be public, | |
| 110 | + | 7 competitive, and open to all citizens of the United States, | |
| 111 | + | 8 with specified limitations as to residence, age, health, | |
| 112 | + | 9 habits, and moral character. An individual who is not a | |
| 113 | + | 10 citizen but is legally authorized to work in the United States | |
| 114 | + | 11 under federal law or is an individual against whom immigration | |
| 115 | + | 12 action has been deferred by the U.S. Citizenship and | |
| 116 | + | 13 Immigration Services under the federal Deferred Action for | |
| 117 | + | 14 Childhood Arrivals (DACA) process is authorized to apply for | |
| 118 | + | 15 the position of police officer, subject to (i) all | |
| 119 | + | 16 requirements and limitations, other than citizenship, to which | |
| 120 | + | 17 other applicants are subject and (ii) the individual being | |
| 121 | + | 18 authorized under federal law to obtain, carry, or purchase or | |
| 122 | + | 19 otherwise possess a firearm. | |
| 123 | + | 20 (b) Residency requirements in effect at the time an | |
| 124 | + | 21 individual enters the fire or police service of a municipality | |
| 125 | + | 22 (other than a municipality that has more than 1,000,000 | |
| 126 | + | 23 inhabitants) cannot be made more restrictive for that | |
| 127 | + | 24 individual during his or her period of service for that | |
| 128 | + | 25 municipality, or be made a condition of promotion, except for | |
| 224 | 129 | ||
| 225 | 130 | ||
| 226 | - | employment provided in Public Act 86-990 is an exclusive power | |
| 227 | - | and function of the State. Pursuant to subsection (h) of | |
| 228 | - | Section 6 of Article VII of the Illinois Constitution, a home | |
| 229 | - | rule municipality having a population less than 1,000,000 must | |
| 230 | - | comply with this limitation on periods of probationary | |
| 231 | - | employment, which is a denial and limitation of home rule | |
| 232 | - | powers. Notwithstanding anything to the contrary in this | |
| 233 | - | Section, the probationary employment period limitation may be | |
| 234 | - | extended for a firefighter who is required, as a condition of | |
| 235 | - | employment, to be a licensed paramedic, during which time the | |
| 236 | - | sole reason that a firefighter may be discharged without a | |
| 237 | - | hearing is for failing to meet the requirements for paramedic | |
| 238 | - | licensure. | |
| 239 | - | (m) To the extent that this Section or any other Section in | |
| 240 | - | this Division conflicts with Section 10-1-7.1 or 10-1-7.2, | |
| 241 | - | then Section 10-1-7.1 or 10-1-7.2 shall control. | |
| 242 | - | (Source: P.A. 102-813, eff. 5-13-22.) | |
| 243 | - | (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6) | |
| 244 | - | Sec. 10-2.1-6. Examination of applicants; | |
| 245 | - | disqualifications. | |
| 246 | - | (a) All applicants for a position in either the fire or | |
| 247 | - | police department of the municipality shall be under 35 years | |
| 248 | - | of age, shall be subject to an examination that shall be | |
| 249 | - | public, competitive, and open to all applicants (unless the | |
| 250 | - | council or board of trustees by ordinance limit applicants to | |
| 251 | 131 | ||
| 252 | 132 | ||
| 253 | - | electors of the municipality, county, state, or nation) and | |
| 254 | - | shall be subject to reasonable limitations as to residence, | |
| 255 | - | health, habits, and moral character. An individual who is not | |
| 256 | - | a citizen but is legally authorized to work in the United | |
| 257 | - | States under federal law or is an individual against whom | |
| 258 | - | immigration action has been deferred by the U.S. Citizenship | |
| 259 | - | and Immigration Services under the federal Deferred Action for | |
| 260 | - | Childhood Arrivals (DACA) process is authorized to apply for | |
| 261 | - | the position of police officer, subject to (i) all | |
| 262 | - | requirements and limitations, other than citizenship, to which | |
| 263 | - | other applicants are subject and (ii) the individual being | |
| 264 | - | authorized under federal law to obtain, carry, or purchase or | |
| 265 | - | otherwise possess a firearm. The municipality may not charge | |
| 266 | - | or collect any fee from an applicant who has met all | |
| 267 | - | prequalification standards established by the municipality for | |
| 268 | - | any such position. With respect to a police department, a | |
| 269 | - | veteran shall be allowed to exceed the maximum age provision | |
| 270 | - | of this Section by the number of years served on active | |
| 271 | - | military duty, but by no more than 10 years of active military | |
| 272 | - | duty. | |
| 273 | - | (b) Residency requirements in effect at the time an | |
| 274 | - | individual enters the fire or police service of a municipality | |
| 275 | - | (other than a municipality that has more than 1,000,000 | |
| 276 | - | inhabitants) cannot be made more restrictive for that | |
| 277 | - | individual during his period of service for that municipality, | |
| 278 | - | or be made a condition of promotion, except for the rank or | |
| 133 | + | ||
| 134 | + | HB3751 Enrolled - 4 - LRB103 26925 AWJ 53289 b | |
| 279 | 135 | ||
| 280 | 136 | ||
| 281 | - | position of Fire or Police Chief. | |
| 282 | - | (c) No person with a record of misdemeanor convictions | |
| 283 | - | except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | |
| 284 | - | 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, | |
| 285 | - | 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, | |
| 286 | - | 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions | |
| 287 | - | (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), | |
| 288 | - | (6), and (8) of subsection (a) of Section 24-1 of the Criminal | |
| 289 | - | Code of 1961 or the Criminal Code of 2012, or arrested for any | |
| 290 | - | cause but not convicted on that cause shall be disqualified | |
| 291 | - | from taking the examination to qualify for a position in the | |
| 292 | - | fire department on grounds of habits or moral character. | |
| 293 | - | (d) The age limitation in subsection (a) does not apply | |
| 294 | - | (i) to any person previously employed as a policeman or | |
| 295 | - | fireman in a regularly constituted police or fire department | |
| 296 | - | of (I) any municipality, regardless of whether the | |
| 297 | - | municipality is located in Illinois or in another state, or | |
| 298 | - | (II) a fire protection district whose obligations were assumed | |
| 299 | - | by a municipality under Section 21 of the Fire Protection | |
| 300 | - | District Act, (ii) to any person who has served a municipality | |
| 301 | - | as a regularly enrolled volunteer fireman for 5 years | |
| 302 | - | immediately preceding the time that municipality begins to use | |
| 303 | - | full time firemen to provide all or part of its fire protection | |
| 304 | - | service, or (iii) to any person who has served as an auxiliary | |
| 305 | - | police officer under Section 3.1-30-20 for at least 5 years | |
| 306 | - | and is under 40 years of age, (iv) to any person who has served | |
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| 139 | + | 1 the rank or position of Fire or Police Chief. | |
| 140 | + | 2 (c) No person with a record of misdemeanor convictions | |
| 141 | + | 3 except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | |
| 142 | + | 4 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, | |
| 143 | + | 5 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, | |
| 144 | + | 6 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions | |
| 145 | + | 7 (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), | |
| 146 | + | 8 (6), and (8) of subsection (a) of Section 24-1 of the Criminal | |
| 147 | + | 9 Code of 1961 or the Criminal Code of 2012 or arrested for any | |
| 148 | + | 10 cause but not convicted on that cause shall be disqualified | |
| 149 | + | 11 from taking the examination on grounds of habits or moral | |
| 150 | + | 12 character, unless the person is attempting to qualify for a | |
| 151 | + | 13 position on the police department, in which case the | |
| 152 | + | 14 conviction or arrest may be considered as a factor in | |
| 153 | + | 15 determining the person's habits or moral character. | |
| 154 | + | 16 (d) Persons entitled to military preference under Section | |
| 155 | + | 17 10-1-16 shall not be subject to limitations specifying age | |
| 156 | + | 18 unless they are applicants for a position as a fireman or a | |
| 157 | + | 19 policeman having no previous employment status as a fireman or | |
| 158 | + | 20 policeman in the regularly constituted fire or police | |
| 159 | + | 21 department of the municipality, in which case they must not | |
| 160 | + | 22 have attained their 35th birthday, except any person who has | |
| 161 | + | 23 served as an auxiliary police officer under Section 3.1-30-20 | |
| 162 | + | 24 for at least 5 years and is under 40 years of age. | |
| 163 | + | 25 (e) All employees of a municipality of less than 500,000 | |
| 164 | + | 26 population (except those who would be excluded from the | |
| 307 | 165 | ||
| 308 | 166 | ||
| 309 | - | as a deputy under Section 3-6008 of the Counties Code and | |
| 310 | - | otherwise meets necessary training requirements, or (v) to any | |
| 311 | - | person who has served as a sworn officer as a member of the | |
| 312 | - | Illinois State Police. | |
| 313 | - | (e) Applicants who are 20 years of age and who have | |
| 314 | - | successfully completed 2 years of law enforcement studies at | |
| 315 | - | an accredited college or university may be considered for | |
| 316 | - | appointment to active duty with the police department. An | |
| 317 | - | applicant described in this subsection (e) who is appointed to | |
| 318 | - | active duty shall not have power of arrest, nor shall the | |
| 319 | - | applicant be permitted to carry firearms, until he or she | |
| 320 | - | reaches 21 years of age. | |
| 321 | - | (f) Applicants who are 18 years of age and who have | |
| 322 | - | successfully completed 2 years of study in fire techniques, | |
| 323 | - | amounting to a total of 4 high school credits, within the cadet | |
| 324 | - | program of a municipality may be considered for appointment to | |
| 325 | - | active duty with the fire department of any municipality. | |
| 326 | - | (g) The council or board of trustees may by ordinance | |
| 327 | - | provide that persons residing outside the municipality are | |
| 328 | - | eligible to take the examination. | |
| 329 | - | (h) The examinations shall be practical in character and | |
| 330 | - | relate to those matters that will fairly test the capacity of | |
| 331 | - | the persons examined to discharge the duties of the positions | |
| 332 | - | to which they seek appointment. No person shall be appointed | |
| 333 | - | to the police or fire department if he or she does not possess | |
| 334 | - | a high school diploma or an equivalent high school education. | |
| 335 | 167 | ||
| 336 | 168 | ||
| 337 | - | A board of fire and police commissioners may, by its rules, | |
| 338 | - | require police applicants to have obtained an associate's | |
| 339 | - | degree or a bachelor's degree as a prerequisite for | |
| 340 | - | employment. The examinations shall include tests of physical | |
| 341 | - | qualifications and health. A board of fire and police | |
| 342 | - | commissioners may, by its rules, waive portions of the | |
| 343 | - | required examination for police applicants who have previously | |
| 344 | - | been full-time sworn officers of a regular police department | |
| 345 | - | in any municipal, county, university, or State law enforcement | |
| 346 | - | agency, provided they are certified by the Illinois Law | |
| 347 | - | Enforcement Training Standards Board and have been with their | |
| 348 | - | respective law enforcement agency within the State for at | |
| 349 | - | least 2 years. No person shall be appointed to the police or | |
| 350 | - | fire department if he or she has suffered the amputation of any | |
| 351 | - | limb unless the applicant's duties will be only clerical or as | |
| 352 | - | a radio operator. No applicant shall be examined concerning | |
| 353 | - | his or her political or religious opinions or affiliations. | |
| 354 | - | The examinations shall be conducted by the board of fire and | |
| 355 | - | police commissioners of the municipality as provided in this | |
| 356 | - | Division 2.1. | |
| 357 | - | The requirement that a police applicant possess an | |
| 358 | - | associate's degree under this subsection may be waived if one | |
| 359 | - | or more of the following applies: (1) the applicant has served | |
| 360 | - | for 24 months of honorable active duty in the United States | |
| 361 | - | Armed Forces and has not been discharged dishonorably or under | |
| 362 | - | circumstances other than honorable; (2) the applicant has | |
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| 365 | - | served for 180 days of active duty in the United States Armed | |
| 366 | - | Forces in combat duty recognized by the Department of Defense | |
| 367 | - | and has not been discharged dishonorably or under | |
| 368 | - | circumstances other than honorable; or (3) the applicant has | |
| 369 | - | successfully received credit for a minimum of 60 credit hours | |
| 370 | - | toward a bachelor's degree from an accredited college or | |
| 371 | - | university. | |
| 372 | - | The requirement that a police applicant possess a | |
| 373 | - | bachelor's degree under this subsection may be waived if one | |
| 374 | - | or more of the following applies: (1) the applicant has served | |
| 375 | - | for 36 months of honorable active duty in the United States | |
| 376 | - | Armed Forces and has not been discharged dishonorably or under | |
| 377 | - | circumstances other than honorable or (2) the applicant has | |
| 378 | - | served for 180 days of active duty in the United States Armed | |
| 379 | - | Forces in combat duty recognized by the Department of Defense | |
| 380 | - | and has not been discharged dishonorably or under | |
| 381 | - | circumstances other than honorable. | |
| 382 | - | (i) No person who is classified by his local selective | |
| 383 | - | service draft board as a conscientious objector, or who has | |
| 384 | - | ever been so classified, may be appointed to the police | |
| 385 | - | department. | |
| 386 | - | (j) No person shall be appointed to the police or fire | |
| 387 | - | department unless he or she is a person of good character and | |
| 388 | - | not an habitual drunkard, gambler, or a person who has been | |
| 389 | - | convicted of a felony or a crime involving moral turpitude. No | |
| 390 | - | person, however, shall be disqualified from appointment to the | |
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| 175 | + | 1 classified service as provided in this Division 1) who are | |
| 176 | + | 2 holding that employment as of the date a municipality adopts | |
| 177 | + | 3 this Division 1, or as of July 17, 1959, whichever date is the | |
| 178 | + | 4 later, and who have held that employment for at least 2 years | |
| 179 | + | 5 immediately before that later date, and all firemen and | |
| 180 | + | 6 policemen regardless of length of service who were either | |
| 181 | + | 7 appointed to their respective positions by the board of fire | |
| 182 | + | 8 and police commissioners under the provisions of Division 2 of | |
| 183 | + | 9 this Article or who are serving in a position (except as a | |
| 184 | + | 10 temporary employee) in the fire or police department in the | |
| 185 | + | 11 municipality on the date a municipality adopts this Division | |
| 186 | + | 12 1, or as of July 17, 1959, whichever date is the later, shall | |
| 187 | + | 13 become members of the classified civil service of the | |
| 188 | + | 14 municipality without examination. | |
| 189 | + | 15 (f) The examinations shall be practical in their | |
| 190 | + | 16 character, and shall relate to those matters that will fairly | |
| 191 | + | 17 test the relative capacity of the persons examined to | |
| 192 | + | 18 discharge the duties of the positions to which they seek to be | |
| 193 | + | 19 appointed. The examinations shall include tests of physical | |
| 194 | + | 20 qualifications, health, and (when appropriate) manual skill. | |
| 195 | + | 21 If an applicant is unable to pass the physical examination | |
| 196 | + | 22 solely as the result of an injury received by the applicant as | |
| 197 | + | 23 the result of the performance of an act of duty while working | |
| 198 | + | 24 as a temporary employee in the position for which he or she is | |
| 199 | + | 25 being examined, however, the physical examination shall be | |
| 200 | + | 26 waived and the applicant shall be considered to have passed | |
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| 392 | 202 | ||
| 393 | - | fire department because of his or her record of misdemeanor | |
| 394 | - | convictions except those under Sections 11-1.50, 11-6, 11-7, | |
| 395 | - | 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, | |
| 396 | - | 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | |
| 397 | - | 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | |
| 398 | - | subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | |
| 399 | - | paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 | |
| 400 | - | of the Criminal Code of 1961 or the Criminal Code of 2012, or | |
| 401 | - | arrest for any cause without conviction on that cause. Any | |
| 402 | - | such person who is in the department may be removed on charges | |
| 403 | - | brought and after a trial as provided in this Division 2.1. | |
| 404 | - | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | |
| 405 | - | Section 99. Effective date. This Act takes effect January | |
| 406 | - | 1, 2024. | |
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| 211 | + | 1 the examination. No questions in any examination shall relate | |
| 212 | + | 2 to political or religious opinions or affiliations. Results of | |
| 213 | + | 3 examinations and the eligible registers prepared from the | |
| 214 | + | 4 results shall be published by the commission within 60 days | |
| 215 | + | 5 after any examinations are held. | |
| 216 | + | 6 (g) The commission shall control all examinations, and | |
| 217 | + | 7 may, whenever an examination is to take place, designate a | |
| 218 | + | 8 suitable number of persons, either in or not in the official | |
| 219 | + | 9 service of the municipality, to be examiners. The examiners | |
| 220 | + | 10 shall conduct the examinations as directed by the commission | |
| 221 | + | 11 and shall make a return or report of the examinations to the | |
| 222 | + | 12 commission. If the appointed examiners are in the official | |
| 223 | + | 13 service of the municipality, the examiners shall not receive | |
| 224 | + | 14 extra compensation for conducting the examinations unless the | |
| 225 | + | 15 examiners are subject to a collective bargaining agreement | |
| 226 | + | 16 with the municipality. The commission may at any time | |
| 227 | + | 17 substitute any other person, whether or not in the service of | |
| 228 | + | 18 the municipality, in the place of any one selected as an | |
| 229 | + | 19 examiner. The commission members may themselves at any time | |
| 230 | + | 20 act as examiners without appointing examiners. The examiners | |
| 231 | + | 21 at any examination shall not all be members of the same | |
| 232 | + | 22 political party. | |
| 233 | + | 23 (h) In municipalities of 500,000 or more population, no | |
| 234 | + | 24 person who has attained his or her 35th birthday shall be | |
| 235 | + | 25 eligible to take an examination for a position as a fireman or | |
| 236 | + | 26 a policeman unless the person has had previous employment | |
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| 247 | + | 1 status as a policeman or fireman in the regularly constituted | |
| 248 | + | 2 police or fire department of the municipality, except as | |
| 249 | + | 3 provided in this Section. | |
| 250 | + | 4 (i) In municipalities of more than 5,000 but not more than | |
| 251 | + | 5 200,000 inhabitants, no person who has attained his or her | |
| 252 | + | 6 35th birthday shall be eligible to take an examination for a | |
| 253 | + | 7 position as a fireman or a policeman unless the person has had | |
| 254 | + | 8 previous employment status as a policeman or fireman in the | |
| 255 | + | 9 regularly constituted police or fire department of the | |
| 256 | + | 10 municipality, except as provided in this Section. | |
| 257 | + | 11 (j) In all municipalities, applicants who are 20 years of | |
| 258 | + | 12 age and who have successfully completed 2 years of law | |
| 259 | + | 13 enforcement studies at an accredited college or university may | |
| 260 | + | 14 be considered for appointment to active duty with the police | |
| 261 | + | 15 department. An applicant described in this subsection (j) who | |
| 262 | + | 16 is appointed to active duty shall not have power of arrest, nor | |
| 263 | + | 17 shall the applicant be permitted to carry firearms, until he | |
| 264 | + | 18 or she reaches 21 years of age. | |
| 265 | + | 19 (k) In municipalities of more than 500,000 population, | |
| 266 | + | 20 applications for examination for and appointment to positions | |
| 267 | + | 21 as firefighters or police shall be made available at various | |
| 268 | + | 22 branches of the public library of the municipality. | |
| 269 | + | 23 (l) No municipality having a population less than | |
| 270 | + | 24 1,000,000 shall require that any fireman appointed to the | |
| 271 | + | 25 lowest rank serve a probationary employment period of longer | |
| 272 | + | 26 than one year. The limitation on periods of probationary | |
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| 283 | + | 1 employment provided in Public Act 86-990 is an exclusive power | |
| 284 | + | 2 and function of the State. Pursuant to subsection (h) of | |
| 285 | + | 3 Section 6 of Article VII of the Illinois Constitution, a home | |
| 286 | + | 4 rule municipality having a population less than 1,000,000 must | |
| 287 | + | 5 comply with this limitation on periods of probationary | |
| 288 | + | 6 employment, which is a denial and limitation of home rule | |
| 289 | + | 7 powers. Notwithstanding anything to the contrary in this | |
| 290 | + | 8 Section, the probationary employment period limitation may be | |
| 291 | + | 9 extended for a firefighter who is required, as a condition of | |
| 292 | + | 10 employment, to be a licensed paramedic, during which time the | |
| 293 | + | 11 sole reason that a firefighter may be discharged without a | |
| 294 | + | 12 hearing is for failing to meet the requirements for paramedic | |
| 295 | + | 13 licensure. | |
| 296 | + | 14 (m) To the extent that this Section or any other Section in | |
| 297 | + | 15 this Division conflicts with Section 10-1-7.1 or 10-1-7.2, | |
| 298 | + | 16 then Section 10-1-7.1 or 10-1-7.2 shall control. | |
| 299 | + | 17 (Source: P.A. 102-813, eff. 5-13-22.) | |
| 300 | + | 18 (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6) | |
| 301 | + | 19 Sec. 10-2.1-6. Examination of applicants; | |
| 302 | + | 20 disqualifications. | |
| 303 | + | 21 (a) All applicants for a position in either the fire or | |
| 304 | + | 22 police department of the municipality shall be under 35 years | |
| 305 | + | 23 of age, shall be subject to an examination that shall be | |
| 306 | + | 24 public, competitive, and open to all applicants (unless the | |
| 307 | + | 25 council or board of trustees by ordinance limit applicants to | |
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| 318 | + | 1 electors of the municipality, county, state, or nation) and | |
| 319 | + | 2 shall be subject to reasonable limitations as to residence, | |
| 320 | + | 3 health, habits, and moral character. An individual who is not | |
| 321 | + | 4 a citizen but is legally authorized to work in the United | |
| 322 | + | 5 States under federal law or is an individual against whom | |
| 323 | + | 6 immigration action has been deferred by the U.S. Citizenship | |
| 324 | + | 7 and Immigration Services under the federal Deferred Action for | |
| 325 | + | 8 Childhood Arrivals (DACA) process is authorized to apply for | |
| 326 | + | 9 the position of police officer, subject to (i) all | |
| 327 | + | 10 requirements and limitations, other than citizenship, to which | |
| 328 | + | 11 other applicants are subject and (ii) the individual being | |
| 329 | + | 12 authorized under federal law to obtain, carry, or purchase or | |
| 330 | + | 13 otherwise possess a firearm. The municipality may not charge | |
| 331 | + | 14 or collect any fee from an applicant who has met all | |
| 332 | + | 15 prequalification standards established by the municipality for | |
| 333 | + | 16 any such position. With respect to a police department, a | |
| 334 | + | 17 veteran shall be allowed to exceed the maximum age provision | |
| 335 | + | 18 of this Section by the number of years served on active | |
| 336 | + | 19 military duty, but by no more than 10 years of active military | |
| 337 | + | 20 duty. | |
| 338 | + | 21 (b) Residency requirements in effect at the time an | |
| 339 | + | 22 individual enters the fire or police service of a municipality | |
| 340 | + | 23 (other than a municipality that has more than 1,000,000 | |
| 341 | + | 24 inhabitants) cannot be made more restrictive for that | |
| 342 | + | 25 individual during his period of service for that municipality, | |
| 343 | + | 26 or be made a condition of promotion, except for the rank or | |
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| 354 | + | 1 position of Fire or Police Chief. | |
| 355 | + | 2 (c) No person with a record of misdemeanor convictions | |
| 356 | + | 3 except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, | |
| 357 | + | 4 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15, | |
| 358 | + | 5 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, | |
| 359 | + | 6 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions | |
| 360 | + | 7 (a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), | |
| 361 | + | 8 (6), and (8) of subsection (a) of Section 24-1 of the Criminal | |
| 362 | + | 9 Code of 1961 or the Criminal Code of 2012, or arrested for any | |
| 363 | + | 10 cause but not convicted on that cause shall be disqualified | |
| 364 | + | 11 from taking the examination to qualify for a position in the | |
| 365 | + | 12 fire department on grounds of habits or moral character. | |
| 366 | + | 13 (d) The age limitation in subsection (a) does not apply | |
| 367 | + | 14 (i) to any person previously employed as a policeman or | |
| 368 | + | 15 fireman in a regularly constituted police or fire department | |
| 369 | + | 16 of (I) any municipality, regardless of whether the | |
| 370 | + | 17 municipality is located in Illinois or in another state, or | |
| 371 | + | 18 (II) a fire protection district whose obligations were assumed | |
| 372 | + | 19 by a municipality under Section 21 of the Fire Protection | |
| 373 | + | 20 District Act, (ii) to any person who has served a municipality | |
| 374 | + | 21 as a regularly enrolled volunteer fireman for 5 years | |
| 375 | + | 22 immediately preceding the time that municipality begins to use | |
| 376 | + | 23 full time firemen to provide all or part of its fire protection | |
| 377 | + | 24 service, or (iii) to any person who has served as an auxiliary | |
| 378 | + | 25 police officer under Section 3.1-30-20 for at least 5 years | |
| 379 | + | 26 and is under 40 years of age, (iv) to any person who has served | |
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| 390 | + | 1 as a deputy under Section 3-6008 of the Counties Code and | |
| 391 | + | 2 otherwise meets necessary training requirements, or (v) to any | |
| 392 | + | 3 person who has served as a sworn officer as a member of the | |
| 393 | + | 4 Illinois State Police. | |
| 394 | + | 5 (e) Applicants who are 20 years of age and who have | |
| 395 | + | 6 successfully completed 2 years of law enforcement studies at | |
| 396 | + | 7 an accredited college or university may be considered for | |
| 397 | + | 8 appointment to active duty with the police department. An | |
| 398 | + | 9 applicant described in this subsection (e) who is appointed to | |
| 399 | + | 10 active duty shall not have power of arrest, nor shall the | |
| 400 | + | 11 applicant be permitted to carry firearms, until he or she | |
| 401 | + | 12 reaches 21 years of age. | |
| 402 | + | 13 (f) Applicants who are 18 years of age and who have | |
| 403 | + | 14 successfully completed 2 years of study in fire techniques, | |
| 404 | + | 15 amounting to a total of 4 high school credits, within the cadet | |
| 405 | + | 16 program of a municipality may be considered for appointment to | |
| 406 | + | 17 active duty with the fire department of any municipality. | |
| 407 | + | 18 (g) The council or board of trustees may by ordinance | |
| 408 | + | 19 provide that persons residing outside the municipality are | |
| 409 | + | 20 eligible to take the examination. | |
| 410 | + | 21 (h) The examinations shall be practical in character and | |
| 411 | + | 22 relate to those matters that will fairly test the capacity of | |
| 412 | + | 23 the persons examined to discharge the duties of the positions | |
| 413 | + | 24 to which they seek appointment. No person shall be appointed | |
| 414 | + | 25 to the police or fire department if he or she does not possess | |
| 415 | + | 26 a high school diploma or an equivalent high school education. | |
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| 426 | + | 1 A board of fire and police commissioners may, by its rules, | |
| 427 | + | 2 require police applicants to have obtained an associate's | |
| 428 | + | 3 degree or a bachelor's degree as a prerequisite for | |
| 429 | + | 4 employment. The examinations shall include tests of physical | |
| 430 | + | 5 qualifications and health. A board of fire and police | |
| 431 | + | 6 commissioners may, by its rules, waive portions of the | |
| 432 | + | 7 required examination for police applicants who have previously | |
| 433 | + | 8 been full-time sworn officers of a regular police department | |
| 434 | + | 9 in any municipal, county, university, or State law enforcement | |
| 435 | + | 10 agency, provided they are certified by the Illinois Law | |
| 436 | + | 11 Enforcement Training Standards Board and have been with their | |
| 437 | + | 12 respective law enforcement agency within the State for at | |
| 438 | + | 13 least 2 years. No person shall be appointed to the police or | |
| 439 | + | 14 fire department if he or she has suffered the amputation of any | |
| 440 | + | 15 limb unless the applicant's duties will be only clerical or as | |
| 441 | + | 16 a radio operator. No applicant shall be examined concerning | |
| 442 | + | 17 his or her political or religious opinions or affiliations. | |
| 443 | + | 18 The examinations shall be conducted by the board of fire and | |
| 444 | + | 19 police commissioners of the municipality as provided in this | |
| 445 | + | 20 Division 2.1. | |
| 446 | + | 21 The requirement that a police applicant possess an | |
| 447 | + | 22 associate's degree under this subsection may be waived if one | |
| 448 | + | 23 or more of the following applies: (1) the applicant has served | |
| 449 | + | 24 for 24 months of honorable active duty in the United States | |
| 450 | + | 25 Armed Forces and has not been discharged dishonorably or under | |
| 451 | + | 26 circumstances other than honorable; (2) the applicant has | |
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| 462 | + | 1 served for 180 days of active duty in the United States Armed | |
| 463 | + | 2 Forces in combat duty recognized by the Department of Defense | |
| 464 | + | 3 and has not been discharged dishonorably or under | |
| 465 | + | 4 circumstances other than honorable; or (3) the applicant has | |
| 466 | + | 5 successfully received credit for a minimum of 60 credit hours | |
| 467 | + | 6 toward a bachelor's degree from an accredited college or | |
| 468 | + | 7 university. | |
| 469 | + | 8 The requirement that a police applicant possess a | |
| 470 | + | 9 bachelor's degree under this subsection may be waived if one | |
| 471 | + | 10 or more of the following applies: (1) the applicant has served | |
| 472 | + | 11 for 36 months of honorable active duty in the United States | |
| 473 | + | 12 Armed Forces and has not been discharged dishonorably or under | |
| 474 | + | 13 circumstances other than honorable or (2) the applicant has | |
| 475 | + | 14 served for 180 days of active duty in the United States Armed | |
| 476 | + | 15 Forces in combat duty recognized by the Department of Defense | |
| 477 | + | 16 and has not been discharged dishonorably or under | |
| 478 | + | 17 circumstances other than honorable. | |
| 479 | + | 18 (i) No person who is classified by his local selective | |
| 480 | + | 19 service draft board as a conscientious objector, or who has | |
| 481 | + | 20 ever been so classified, may be appointed to the police | |
| 482 | + | 21 department. | |
| 483 | + | 22 (j) No person shall be appointed to the police or fire | |
| 484 | + | 23 department unless he or she is a person of good character and | |
| 485 | + | 24 not an habitual drunkard, gambler, or a person who has been | |
| 486 | + | 25 convicted of a felony or a crime involving moral turpitude. No | |
| 487 | + | 26 person, however, shall be disqualified from appointment to the | |
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| 498 | + | 1 fire department because of his or her record of misdemeanor | |
| 499 | + | 2 convictions except those under Sections 11-1.50, 11-6, 11-7, | |
| 500 | + | 3 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, | |
| 501 | + | 4 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, | |
| 502 | + | 5 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, | |
| 503 | + | 6 subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and | |
| 504 | + | 7 paragraphs (1), (6), and (8) of subsection (a) of Section 24-1 | |
| 505 | + | 8 of the Criminal Code of 1961 or the Criminal Code of 2012, or | |
| 506 | + | 9 arrest for any cause without conviction on that cause. Any | |
| 507 | + | 10 such person who is in the department may be removed on charges | |
| 508 | + | 11 brought and after a trial as provided in this Division 2.1. | |
| 509 | + | 12 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | |
| 510 | + | 13 Section 99. Effective date. This Act takes effect January | |
| 511 | + | 14 1, 2024. | |
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