Bill Text: IL HB1552 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Amends the Counties Code. Provides that if a person who is covered under a retirement system or pension fund created under the Illinois Pension Code is convicted of a disqualifying offense as that term is defined in the Illinois Pension Code, the State's Attorney must notify the board of trustees for that retirement system or pension fund. Amends the Downstate Police, Chicago Police, Illinois Municipal Retirement Fund (IMRF), Chicago Municipal, Cook County, Cook County Forest Preserve, State Employee, and State Universities Articles of the Illinois Pension Code. Provides that upon petition by the Board or on its own motion, a circuit court may order that none of the benefits provided under the Article be paid to a person who first becomes a police officer on or after the effective date of the amendatory Act and who has been convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement. Provides that upon petition by the Board or on its own motion, a court may order that none of the benefits provided for in the Article be paid to any person who otherwise would receive a survivor benefit if the benefit results from the service of a police officer who first became a police officer on or after the effective date of the amendatory Act and who was convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement. Defines "disqualifying offense" and "police officer". Makes conforming and other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1552 Detail]

Download: Illinois-2023-HB1552-Introduced.html


103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB1552

Introduced , by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:
See Index

Amends the Counties Code. Provides that if a person who is covered under a retirement system or pension fund created under the Illinois Pension Code is convicted of a disqualifying offense as that term is defined in the Illinois Pension Code, the State's Attorney must notify the board of trustees for that retirement system or pension fund. Amends the Downstate Police, Chicago Police, Illinois Municipal Retirement Fund (IMRF), Chicago Municipal, Cook County, Cook County Forest Preserve, State Employee, and State Universities Articles of the Illinois Pension Code. Provides that upon petition by the Board or on its own motion, a circuit court may order that none of the benefits provided under the Article be paid to a person who first becomes a police officer on or after the effective date of the amendatory Act and who has been convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement. Provides that upon petition by the Board or on its own motion, a court may order that none of the benefits provided for in the Article be paid to any person who otherwise would receive a survivor benefit if the benefit results from the service of a police officer who first became a police officer on or after the effective date of the amendatory Act and who was convicted of a disqualifying offense if the court finds that: (1) the disqualifying offense was committed with the use of police authority, resources, or other materials; (2) the disqualifying offense threatened public safety; or (3) the totality of the circumstances of the disqualifying offense are against the guiding principles and training of law enforcement. Defines "disqualifying offense" and "police officer". Makes conforming and other changes. Effective immediately.
LRB103 25778 RPS 52127 b

A BILL FOR

HB1552LRB103 25778 RPS 52127 b
1 AN ACT concerning public employee benefits.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5Section 3-9013 as follows:
6 (55 ILCS 5/3-9013)
7 Sec. 3-9013. Pension funds; job-related felony. If a
8person an employee who is covered under a retirement system or
9pension fund created under the Illinois Pension Code is
10convicted of a disqualifying offense as that term is defined
11in the Illinois Pension Code or of a felony relating to or
12arising out of or in connection with the employment for which
13the person employee is covered under the retirement system or
14pension fund, the State's Attorney must notify the board of
15trustees for that retirement system or pension fund.
16(Source: P.A. 95-836, eff. 8-15-08.)
17 Section 10. The Illinois Pension Code is amended by
18changing Sections 3-147, 5-227, 7-219, 8-251, 9-235, 10-109,
1914-149, and 15-187 as follows:
20 (40 ILCS 5/3-147) (from Ch. 108 1/2, par. 3-147)
21 Sec. 3-147. Felony conviction. None of the benefits

HB1552- 2 -LRB103 25778 RPS 52127 b
1provided in this Article shall be paid to any person who is
2convicted of any felony relating to or arising out of or in
3connection with his or her service as a police officer.
4 Upon petition by the Board or on its own motion, a circuit
5court may order that none of the benefits provided in this
6Article be paid to a person who first becomes a police officer
7on or after the effective date of this amendatory Act of the
8103rd General Assembly and who has been convicted of a
9disqualifying offense if the court finds that: (1) the
10disqualifying offense was committed with the use of police
11authority, resources, or other materials; (2) the
12disqualifying offense threatened public safety; or (3) the
13totality of the circumstances of the disqualifying offense are
14against the guiding principles and training of law
15enforcement.
16 None of the benefits provided for in this Article shall be
17paid to any person who otherwise would receive a survivor
18benefit who is convicted of any felony relating to or arising
19out of or in connection with the service of the police officer
20from whom the benefit results.
21 Upon petition by the Board or on its own motion, a court
22may order that none of the benefits provided for in this
23Article be paid to any person who otherwise would receive a
24survivor benefit if the benefit results from the service of a
25police officer who first became a police officer on or after
26the effective date of this amendatory Act of the 103rd General

HB1552- 3 -LRB103 25778 RPS 52127 b
1Assembly and who was convicted of a disqualifying offense if
2the court finds that: (1) the disqualifying offense was
3committed with the use of police authority, resources, or
4other materials; (2) the disqualifying offense threatened
5public safety; or (3) the totality of the circumstances of the
6disqualifying offense are against the guiding principles and
7training of law enforcement.
8 This Section shall not impair any contract or vested right
9acquired prior to July 11, 1955 under any law continued in this
10Article, nor preclude the right to a refund, and for the
11changes under this amendatory Act of the 100th General
12Assembly, shall not impair any contract or vested right
13acquired by a survivor prior to the effective date of this
14amendatory Act of the 100th General Assembly. The changes made
15by this amendatory Act of the 103rd General Assembly shall not
16impair any contract or vested right acquired by a survivor
17prior to the effective date of this amendatory Act of the 103rd
18General Assembly.
19 All persons entering service subsequent to July 11, 1955
20are deemed to have consented to the provisions of this Section
21as a condition of coverage, and all participants entering
22service subsequent to the effective date of this amendatory
23Act of the 100th General Assembly shall be deemed to have
24consented to the provisions of this amendatory Act as a
25condition of participation. All persons entering service after
26the effective date of this amendatory Act of the 103rd General

HB1552- 4 -LRB103 25778 RPS 52127 b
1Assembly shall be deemed to have consented to the provisions
2of this amendatory Act of the 103rd General Assembly as a
3condition of participation.
4 In this Section, "disqualifying offense" means any of the
5following offenses set forth in the Criminal Code of 1961 or
6the Criminal Code of 2012 or any substantially similar offense
7in federal law, the Uniform Code of Military Justice, or state
8law:
9 (1) Indecent solicitation of a child.
10 (2) Sexual exploitation of a child.
11 (3) Custodial sexual misconduct.
12 (4) Exploitation of a child.
13 (5) Child pornography.
14 (6) Aggravated child pornography.
15 (7) First degree murder.
16 (8) Second degree murder.
17 (9) Predatory criminal sexual assault of a child.
18 (10) Aggravated criminal sexual assault.
19 (11) Criminal sexual assault.
20 (12) Aggravated kidnaping.
21 (13) Aggravated battery resulting in great bodily harm
22 or permanent disability or disfigurement.
23(Source: P.A. 100-334, eff. 8-25-17.)
24 (40 ILCS 5/5-227) (from Ch. 108 1/2, par. 5-227)
25 Sec. 5-227. Felony conviction. None of the benefits

HB1552- 5 -LRB103 25778 RPS 52127 b
1provided for in this Article shall be paid to any person who is
2convicted of any felony relating to or arising out of or in
3connection with his service as a policeman.
4 Upon petition by the Board or on its own motion, a circuit
5court may order that none of the benefits provided in this
6Article be paid to a person who first becomes a policeman on or
7after the effective date of this amendatory Act of the 103rd
8General Assembly and who has been convicted of a disqualifying
9offense if the court finds that: (1) the disqualifying offense
10was committed with the use of police authority, resources, or
11other materials; (2) the disqualifying offense threatened
12public safety; or (3) the totality of the circumstances of the
13disqualifying offense are against the guiding principles and
14training of law enforcement.
15 None of the benefits provided for in this Article shall be
16paid to any person who otherwise would receive a survivor
17benefit who is convicted of any felony relating to or arising
18out of or in connection with the service of the policeman from
19whom the benefit results.
20 Upon petition by the Board or on its own motion, a court
21may order that none of the benefits provided for in this
22Article be paid to any person who otherwise would receive a
23survivor benefit if the benefit results from the service of a
24policeman who first became a policeman on or after the
25effective date of this amendatory Act of the 103rd General
26Assembly and who was convicted of a disqualifying offense if

HB1552- 6 -LRB103 25778 RPS 52127 b
1the court finds that: (1) the disqualifying offense was
2committed with the use of police authority, resources, or
3other materials; (2) the disqualifying offense threatened
4public safety; or (3) the totality of the circumstances of the
5disqualifying offense are against the guiding principles and
6training of law enforcement.
7 None of the benefits provided for in this Article shall be
8paid to any person who is convicted of any felony while in
9receipt of disability benefits.
10 None of the benefits provided for in this Article shall be
11paid to any person who is convicted of any felony relating to
12or arising out of or in connection with the intentional and
13wrongful death of a police officer, either active or retired,
14through whom such person would become eligible to receive, or
15is receiving, an annuity under this Article.
16 A person who intentionally and unjustifiably causes delay
17in proceedings in which the person is ultimately convicted of
18a felony relating to or arising out of or in connection with
19his service as a policeman shall not be entitled to any
20benefits provided for in this Article on and after the filing
21date of the related indictment or charges. This paragraph
22applies to all persons whose felony conviction was entered on
23or after January 1, 2019.
24 Any refund required under this Article shall be calculated
25based on that person's contributions to the Fund, less the
26amount of any annuity benefit previously received by the

HB1552- 7 -LRB103 25778 RPS 52127 b
1person or his or her beneficiaries. This paragraph applies to
2all persons who make an application for refund to the Fund on
3or after January 1, 2019.
4 This Section shall not operate to impair any contract or
5vested right heretofore acquired under any law or laws
6continued in this Article, nor to preclude the right to a
7refund, and for the changes under this amendatory Act of the
8100th General Assembly, shall not impair any contract or
9vested right acquired by a survivor prior to the effective
10date of this amendatory Act of the 100th General Assembly. The
11changes made by this amendatory Act of the 103rd General
12Assembly shall not impair any contract or vested right
13acquired by a survivor prior to the effective date of this
14amendatory Act of the 103rd General Assembly.
15 All future entrants entering service subsequent to July
1611, 1955, shall be deemed to have consented to the provisions
17of this Section as a condition of coverage, and all
18participants entering service subsequent to the effective date
19of this amendatory Act of the 100th General Assembly shall be
20deemed to have consented to the provisions of this amendatory
21Act as a condition of participation. All persons entering
22service after the effective date of this amendatory Act of the
23103rd General Assembly shall be deemed to have consented to
24the provisions of this amendatory Act of the 103rd General
25Assembly as a condition of participation.
26 In this Section, "disqualifying offense" means any of the

HB1552- 8 -LRB103 25778 RPS 52127 b
1following offenses set forth in the Criminal Code of 1961 or
2the Criminal Code of 2012 or any substantially similar offense
3in federal law, the Uniform Code of Military Justice, or state
4law:
5 (1) Indecent solicitation of a child.
6 (2) Sexual exploitation of a child.
7 (3) Custodial sexual misconduct.
8 (4) Exploitation of a child.
9 (5) Child pornography.
10 (6) Aggravated child pornography.
11 (7) First degree murder.
12 (8) Second degree murder.
13 (9) Predatory criminal sexual assault of a child.
14 (10) Aggravated criminal sexual assault.
15 (11) Criminal sexual assault.
16 (12) Aggravated kidnaping.
17 (13) Aggravated battery resulting in great bodily harm
18 or permanent disability or disfigurement.
19(Source: P.A. 100-334, eff. 8-25-17; 101-387, eff. 8-16-19.)
20 (40 ILCS 5/7-219) (from Ch. 108 1/2, par. 7-219)
21 Sec. 7-219. Felony conviction. None of the benefits
22provided for in this Article shall be paid to any person who is
23convicted of any felony relating to or arising out of or in
24connection with his service as an employee.
25 Upon petition by the Board or on its own motion, a circuit

HB1552- 9 -LRB103 25778 RPS 52127 b
1court may order that none of the benefits provided in this
2Article be paid to a person who first becomes a sheriff's law
3enforcement employee on or after the effective date of this
4amendatory Act of the 103rd General Assembly and who has been
5convicted of a disqualifying offense if the court finds that:
6(1) the disqualifying offense was committed with the use of
7police authority, resources, or other materials; (2) the
8disqualifying offense threatened public safety; or (3) the
9totality of the circumstances of the disqualifying offense are
10against the guiding principles and training of law
11enforcement.
12 None of the benefits provided for in this Article shall be
13paid to any person who otherwise would receive a survivor
14benefit who is convicted of any felony relating to or arising
15out of or in connection with the service of the employee from
16whom the benefit results.
17 Upon petition by the Board or on its own motion, a court
18may order that none of the benefits provided for in this
19Article be paid to any person who otherwise would receive a
20survivor benefit if the benefit results from the service of a
21sheriff's law enforcement employee who first became a
22sheriff's law enforcement employee on or after the effective
23date of this amendatory Act of the 103rd General Assembly and
24who was convicted of a disqualifying offense if the court
25finds that: (1) the disqualifying offense was committed with
26the use of police authority, resources, or other materials;

HB1552- 10 -LRB103 25778 RPS 52127 b
1(2) the disqualifying offense threatened public safety; or (3)
2the totality of the circumstances of the disqualifying offense
3are against the guiding principles and training of law
4enforcement.
5 This Section shall not operate to impair any contract or
6vested right heretofore acquired under any law or laws
7continued in this Article, nor to preclude the right to a
8refund, and for the changes under this amendatory Act of the
9100th General Assembly, shall not impair any contract or
10vested right acquired by a survivor prior to the effective
11date of this amendatory Act of the 100th General Assembly. The
12changes made by this amendatory Act of the 103rd General
13Assembly shall not impair any contract or vested right
14acquired by a survivor prior to the effective date of this
15amendatory Act of the 103rd General Assembly.
16 All future entrants entering service subsequent to July 9,
171955 shall be deemed to have consented to the provisions of
18this Section as a condition of coverage, and all participants
19entering service subsequent to the effective date of this
20amendatory Act of the 100th General Assembly shall be deemed
21to have consented to the provisions of this amendatory Act as a
22condition of participation. All persons entering service after
23the effective date of this amendatory Act of the 103rd General
24Assembly shall be deemed to have consented to the provisions
25of this amendatory Act of the 103rd General Assembly as a
26condition of participation.

HB1552- 11 -LRB103 25778 RPS 52127 b
1 In this Section, "disqualifying offense" means any of the
2following offenses set forth in the Criminal Code of 1961 or
3the Criminal Code of 2012 or any substantially similar offense
4in federal law, the Uniform Code of Military Justice, or state
5law:
6 (1) Indecent solicitation of a child.
7 (2) Sexual exploitation of a child.
8 (3) Custodial sexual misconduct.
9 (4) Exploitation of a child.
10 (5) Child pornography.
11 (6) Aggravated child pornography.
12 (7) First degree murder.
13 (8) Second degree murder.
14 (9) Predatory criminal sexual assault of a child.
15 (10) Aggravated criminal sexual assault.
16 (11) Criminal sexual assault.
17 (12) Aggravated kidnaping.
18 (13) Aggravated battery resulting in great bodily harm
19 or permanent disability or disfigurement.
20(Source: P.A. 100-334, eff. 8-25-17.)
21 (40 ILCS 5/8-251) (from Ch. 108 1/2, par. 8-251)
22 Sec. 8-251. Felony conviction. None of the benefits
23provided for in this Article shall be paid to any person who is
24convicted of any felony relating to or arising out of or in
25connection with his service as a municipal employee.

HB1552- 12 -LRB103 25778 RPS 52127 b
1 Upon petition by the Board or on its own motion, a circuit
2court may order that none of the benefits provided in this
3Article be paid to a person who first becomes a police officer
4on or after the effective date of this amendatory Act of the
5103rd General Assembly and who has been convicted of a
6disqualifying offense if the court finds that: (1) the
7disqualifying offense was committed with the use of police
8authority, resources, or other materials; (2) the
9disqualifying offense threatened public safety; or (3) the
10totality of the circumstances of the disqualifying offense are
11against the guiding principles and training of law
12enforcement.
13 None of the benefits provided for in this Article shall be
14paid to any person who otherwise would receive a survivor
15benefit who is convicted of any felony relating to or arising
16out of or in connection with the service of the employee from
17whom the benefit results.
18 Upon petition by the Board or on its own motion, a court
19may order that none of the benefits provided for in this
20Article be paid to any person who otherwise would receive a
21survivor benefit if the benefit results from the service of a
22police officer who first became a police officer on or after
23the effective date of this amendatory Act of the 103rd General
24Assembly and who was convicted of a disqualifying offense if
25the court finds that: (1) the disqualifying offense was
26committed with the use of police authority, resources, or

HB1552- 13 -LRB103 25778 RPS 52127 b
1other materials; (2) the disqualifying offense threatened
2public safety; or (3) the totality of the circumstances of the
3disqualifying offense are against the guiding principles and
4training of law enforcement.
5 This Section shall not operate to impair any contract or
6vested right heretofore acquired under any law or laws
7continued in this Article, nor to preclude the right to a
8refund, and for the changes under Public Act 100-334, shall
9not impair any contract or vested right acquired by a survivor
10prior to August 25, 2017 (the effective date of Public Act
11100-334). The changes made by this amendatory Act of the 103rd
12General Assembly shall not impair any contract or vested right
13acquired by a survivor prior to the effective date of this
14amendatory Act of the 103rd General Assembly.
15 Any refund required under this Article shall be calculated
16based on that person's contributions to the Fund, less the
17amount of any annuity benefit previously received by the
18person or his or her beneficiaries. The changes made to this
19Section by Public Act 100-23 apply only to persons who first
20become participants under this Article on or after July 6,
212017 (the effective date of Public Act 100-23).
22 All future entrants entering service subsequent to July
2311, 1955 shall be deemed to have consented to the provisions of
24this Section as a condition of coverage, and all participants
25entering service subsequent to August 25, 2017 (the effective
26date of Public Act 100-334) shall be deemed to have consented

HB1552- 14 -LRB103 25778 RPS 52127 b
1to the provisions of Public Act 100-334 as a condition of
2participation. All persons entering service after the
3effective date of this amendatory Act of the 103rd General
4Assembly shall be deemed to have consented to the provisions
5of this amendatory Act of the 103rd General Assembly as a
6condition of participation.
7 In this Section:
8 "Disqualifying offense" means any of the following
9offenses set forth in the Criminal Code of 1961 or the Criminal
10Code of 2012 or any substantially similar offense in federal
11law, the Uniform Code of Military Justice, or state law:
12 (1) Indecent solicitation of a child.
13 (2) Sexual exploitation of a child.
14 (3) Custodial sexual misconduct.
15 (4) Exploitation of a child.
16 (5) Child pornography.
17 (6) Aggravated child pornography.
18 (7) First degree murder.
19 (8) Second degree murder.
20 (9) Predatory criminal sexual assault of a child.
21 (10) Aggravated criminal sexual assault.
22 (11) Criminal sexual assault.
23 (12) Aggravated kidnaping.
24 (13) Aggravated battery resulting in great bodily harm
25 or permanent disability or disfigurement.
26 "Police officer" means an employee who renders service as

HB1552- 15 -LRB103 25778 RPS 52127 b
1a police officer and member of the regularly constituted
2police department of the city.
3(Source: P.A. 100-23, eff. 7-6-17; 100-334, eff. 8-25-17;
4100-863, eff. 8-14-18.)
5 (40 ILCS 5/9-235) (from Ch. 108 1/2, par. 9-235)
6 Sec. 9-235. Felony conviction. None of the benefits
7provided in this Article shall be paid to any person who is
8convicted of any felony relating to or arising out of or in
9connection with his service as an employee.
10 Upon petition by the Board or on its own motion, a circuit
11court may order that none of the benefits provided in this
12Article be paid to a person who first becomes a police officer
13on or after the effective date of this amendatory Act of the
14103rd General Assembly and who has been convicted of a
15disqualifying offense if the court finds that: (1) the
16disqualifying offense was committed with the use of police
17authority, resources, or other materials; (2) the
18disqualifying offense threatened public safety; or (3) the
19totality of the circumstances of the disqualifying offense are
20against the guiding principles and training of law
21enforcement.
22 None of the benefits provided for in this Article shall be
23paid to any person who otherwise would receive a survivor
24benefit who is convicted of any felony relating to or arising
25out of or in connection with the service of the employee from

HB1552- 16 -LRB103 25778 RPS 52127 b
1whom the benefit results.
2 Upon petition by the Board or on its own motion, a court
3may order that none of the benefits provided for in this
4Article be paid to any person who otherwise would receive a
5survivor benefit if the benefit results from the service of a
6police officer who first became a police officer on or after
7the effective date of this amendatory Act of the 103rd General
8Assembly and who was convicted of a disqualifying offense if
9the court finds that: (1) the disqualifying offense was
10committed with the use of police authority, resources, or
11other materials; (2) the disqualifying offense threatened
12public safety; or (3) the totality of the circumstances of the
13disqualifying offense are against the guiding principles and
14training of law enforcement.
15 This Section shall not operate to impair any contract or
16vested right heretofore acquired under any law or laws
17continued in this Article, nor to preclude the right to a
18refund, and for the changes under this amendatory Act of the
19100th General Assembly, shall not impair any contract or
20vested right acquired by a survivor prior to the effective
21date of this amendatory Act of the 100th General Assembly. The
22changes made by this amendatory Act of the 103rd General
23Assembly shall not impair any contract or vested right
24acquired by a survivor prior to the effective date of this
25amendatory Act of the 103rd General Assembly.
26 All future entrants entering service after July 11, 1955,

HB1552- 17 -LRB103 25778 RPS 52127 b
1shall be deemed to have consented to the provisions of this
2section as a condition of coverage, and all participants
3entering service subsequent to the effective date of this
4amendatory Act of the 100th General Assembly shall be deemed
5to have consented to the provisions of this amendatory Act as a
6condition of participation. All persons entering service after
7the effective date of this amendatory Act of the 103rd General
8Assembly shall be deemed to have consented to the provisions
9of this amendatory Act of the 103rd General Assembly as a
10condition of participation.
11 In this Section:
12 "Disqualifying offense" means any of the following
13offenses set forth in the Criminal Code of 1961 or the Criminal
14Code of 2012 or any substantially similar offense in federal
15law, the Uniform Code of Military Justice, or state law:
16 (1) Indecent solicitation of a child.
17 (2) Sexual exploitation of a child.
18 (3) Custodial sexual misconduct.
19 (4) Exploitation of a child.
20 (5) Child pornography.
21 (6) Aggravated child pornography.
22 (7) First degree murder.
23 (8) Second degree murder.
24 (9) Predatory criminal sexual assault of a child.
25 (10) Aggravated criminal sexual assault.
26 (11) Criminal sexual assault.

HB1552- 18 -LRB103 25778 RPS 52127 b
1 (12) Aggravated kidnaping.
2 (13) Aggravated battery resulting in great bodily harm
3 or permanent disability or disfigurement.
4 "Police officer" means an employee of the county employed
5in any position under the County Police Merit Board as a deputy
6sheriff in the County Police Department.
7(Source: P.A. 100-334, eff. 8-25-17.)
8 (40 ILCS 5/10-109)
9 Sec. 10-109. Felony conviction. None of the benefits
10provided in this Article shall be paid to any person who is
11convicted of any felony relating to or arising out of or in
12connection with his service as an employee.
13 Upon petition by the Board or on its own motion, a circuit
14court may order that none of the benefits provided in this
15Article be paid to a person who first becomes a police officer
16on or after the effective date of this amendatory Act of the
17103rd General Assembly and who has been convicted of a
18disqualifying offense if the court finds that: (1) the
19disqualifying offense was committed with the use of police
20authority, resources, or other materials; (2) the
21disqualifying offense threatened public safety; or (3) the
22totality of the circumstances of the disqualifying offense are
23against the guiding principles and training of law
24enforcement.
25 None of the benefits provided for in this Article shall be

HB1552- 19 -LRB103 25778 RPS 52127 b
1paid to any person who otherwise would receive a survivor
2benefit who is convicted of any felony relating to or arising
3out of or in connection with the service of the employee from
4whom the benefit results.
5 Upon petition by the Board or on its own motion, a court
6may order that none of the benefits provided for in this
7Article be paid to any person who otherwise would receive a
8survivor benefit if the benefit results from the service of a
9police officer who first became a police officer on or after
10the effective date of this amendatory Act of the 103rd General
11Assembly and who was convicted of a disqualifying offense if
12the court finds that: (1) the disqualifying offense was
13committed with the use of police authority, resources, or
14other materials; (2) the disqualifying offense threatened
15public safety; or (3) the totality of the circumstances of the
16disqualifying offense are against the guiding principles and
17training of law enforcement.
18 This Section shall not operate to impair any contract or
19vested right heretofore acquired under any law or laws
20continued in this Article, nor to preclude the right to a
21refund, and for the changes under this amendatory Act of the
22100th General Assembly, shall not impair any contract or
23vested right acquired by a survivor prior to the effective
24date of this amendatory Act of the 100th General Assembly. The
25changes made by this amendatory Act of the 103rd General
26Assembly shall not impair any contract or vested right

HB1552- 20 -LRB103 25778 RPS 52127 b
1acquired by a survivor prior to the effective date of this
2amendatory Act of the 103rd General Assembly.
3 All future entrants entering service after the effective
4date of this amendatory Act of the 95th General Assembly shall
5be deemed to have consented to the provisions of this Section
6as a condition of coverage, and all participants entering
7service subsequent to the effective date of this amendatory
8Act of the 100th General Assembly shall be deemed to have
9consented to the provisions of this amendatory Act as a
10condition of participation. All persons entering service after
11the effective date of this amendatory Act of the 103rd General
12Assembly shall be deemed to have consented to the provisions
13of this amendatory Act of the 103rd General Assembly as a
14condition of participation.
15 In this Section:
16 "Disqualifying offense" means any of the following
17offenses set forth in the Criminal Code of 1961 or the Criminal
18Code of 2012 or any substantially similar offense in federal
19law, the Uniform Code of Military Justice, or state law:
20 (1) Indecent solicitation of a child.
21 (2) Sexual exploitation of a child.
22 (3) Custodial sexual misconduct.
23 (4) Exploitation of a child.
24 (5) Child pornography.
25 (6) Aggravated child pornography.
26 (7) First degree murder.

HB1552- 21 -LRB103 25778 RPS 52127 b
1 (8) Second degree murder.
2 (9) Predatory criminal sexual assault of a child.
3 (10) Aggravated criminal sexual assault.
4 (11) Criminal sexual assault.
5 (12) Aggravated kidnaping.
6 (13) Aggravated battery resulting in great bodily harm
7 or permanent disability or disfigurement.
8 "Police officer" means a member of the police force of the
9district, as provided for in Section 15 of the Cook County
10Forest Preserve District Act.
11(Source: P.A. 100-334, eff. 8-25-17.)
12 (40 ILCS 5/14-149) (from Ch. 108 1/2, par. 14-149)
13 Sec. 14-149. Felony conviction. None of the benefits
14herein provided for shall be paid to any person who is
15convicted of any felony relating to or arising out of or in
16connection with his service as an employee.
17 Upon petition by the Board or on its own motion, a circuit
18court may order that none of the benefits provided in this
19Article be paid to a person who first becomes a police officer
20on or after the effective date of this amendatory Act of the
21103rd General Assembly and who has been convicted of a
22disqualifying offense if the court finds that: (1) the
23disqualifying offense was committed with the use of police
24authority, resources, or other materials; (2) the
25disqualifying offense threatened public safety; or (3) the

HB1552- 22 -LRB103 25778 RPS 52127 b
1totality of the circumstances of the disqualifying offense are
2against the guiding principles and training of law
3enforcement.
4 None of the benefits provided for in this Article shall be
5paid to any person who otherwise would receive a survivor
6benefit who is convicted of any felony relating to or arising
7out of or in connection with the service of the employee from
8whom the benefit results.
9 Upon petition by the Board or on its own motion, a court
10may order that none of the benefits provided for in this
11Article be paid to any person who otherwise would receive a
12survivor benefit if the benefit results from the service of a
13police officer who first became a police officer on or after
14the effective date of this amendatory Act of the 103rd General
15Assembly and who was convicted of a disqualifying offense if
16the court finds that: (1) the disqualifying offense was
17committed with the use of police authority, resources, or
18other materials; (2) the disqualifying offense threatened
19public safety; or (3) the totality of the circumstances of the
20disqualifying offense are against the guiding principles and
21training of law enforcement.
22 This Section shall not operate to impair any contract or
23vested right heretofore acquired under any law or laws
24continued in this Article nor to preclude the right to a
25refund, and for the changes under this amendatory Act of the
26100th General Assembly, shall not impair any contract or

HB1552- 23 -LRB103 25778 RPS 52127 b
1vested right acquired by a survivor prior to the effective
2date of this amendatory Act of the 100th General Assembly. The
3changes made by this amendatory Act of the 103rd General
4Assembly shall not impair any contract or vested right
5acquired by a survivor prior to the effective date of this
6amendatory Act of the 103rd General Assembly.
7 All future entrants entering service subsequent to July 9,
81955 shall be deemed to have consented to the provisions of
9this section as a condition of coverage, and all participants
10entering service subsequent to the effective date of this
11amendatory Act of the 100th General Assembly shall be deemed
12to have consented to the provisions of this amendatory Act as a
13condition of participation. All persons entering service after
14the effective date of this amendatory Act of the 103rd General
15Assembly shall be deemed to have consented to the provisions
16of this amendatory Act of the 103rd General Assembly as a
17condition of participation.
18 In this Section:
19 "Disqualifying offense" means any of the following
20offenses set forth in the Criminal Code of 1961 or the Criminal
21Code of 2012 or any substantially similar offense in federal
22law, the Uniform Code of Military Justice, or state law:
23 (1) Indecent solicitation of a child.
24 (2) Sexual exploitation of a child.
25 (3) Custodial sexual misconduct.
26 (4) Exploitation of a child.

HB1552- 24 -LRB103 25778 RPS 52127 b
1 (5) Child pornography.
2 (6) Aggravated child pornography.
3 (7) First degree murder.
4 (8) Second degree murder.
5 (9) Predatory criminal sexual assault of a child.
6 (10) Aggravated criminal sexual assault.
7 (11) Criminal sexual assault.
8 (12) Aggravated kidnaping.
9 (13) Aggravated battery resulting in great bodily harm
10 or permanent disability or disfigurement.
11 "Police officer" means a State policeman, special agent,
12investigator for the Secretary of State, conservation police
13officer, investigator for the Department of Revenue or the
14Illinois Gaming Board, security employee of the Department of
15Human Services, Central Management Services security police
16officer, security employee of the Department of Corrections or
17the Department of Juvenile Justice, dangerous drugs
18investigator, investigator for the Illinois State Police,
19investigator for the Office of the Attorney General,
20controlled substance inspector, investigator for the Office of
21the State's Attorneys Appellate Prosecutor, Commerce
22Commission police officer, arson investigator, or security
23employee of the Department of Innovation and Technology.
24(Source: P.A. 100-334, eff. 8-25-17.)
25 (40 ILCS 5/15-187) (from Ch. 108 1/2, par. 15-187)

HB1552- 25 -LRB103 25778 RPS 52127 b
1 Sec. 15-187. Felony conviction. None of the benefits
2provided under this Article shall be paid to any person who is
3convicted of any felony relating to or arising out of or in
4connection with a person's service as an employee from which
5the benefit derives.
6 Upon petition by the Board or on its own motion, a circuit
7court may order that none of the benefits provided in this
8Article be paid to a person who first becomes a police officer
9on or after the effective date of this amendatory Act of the
10103rd General Assembly and who has been convicted of a
11disqualifying offense if the court finds that: (1) the
12disqualifying offense was committed with the use of police
13authority, resources, or other materials; (2) the
14disqualifying offense threatened public safety; or (3) the
15totality of the circumstances of the disqualifying offense are
16against the guiding principles and training of law
17enforcement.
18 Upon petition by the Board or on its own motion, a court
19may order that none of the benefits provided for in this
20Article be paid to any person who otherwise would receive a
21survivor benefit if the benefit results from the service of a
22police officer who first became a police officer on or after
23the effective date of this amendatory Act of the 103rd General
24Assembly and who was convicted of a disqualifying offense if
25the court finds that: (1) the disqualifying offense was
26committed with the use of police authority, resources, or

HB1552- 26 -LRB103 25778 RPS 52127 b
1other materials; (2) the disqualifying offense threatened
2public safety; or (3) the totality of the circumstances of the
3disqualifying offense are against the guiding principles and
4training of law enforcement.
5 This Section shall not operate to impair any contract or
6vested right heretofore acquired under any law or laws
7continued in this Article, nor to preclude the right to a
8refund. The changes made to this Section by this amendatory
9Act of the 100th General Assembly shall not impair any
10contract or vested right acquired prior to the effective date
11of this amendatory Act of the 100th General Assembly. No
12refund paid based on a court order that none of the benefits
13provided for in this Article be paid to a person or to any
14person who is convicted of a felony relating to or arising out
15of or in connection with the person's service as an employee
16shall include employer contributions or interest or, in the
17case of the self-managed plan authorized under Section
1815-158.2, any employer contributions or investment return on
19such employer contributions.
20 All persons entering service subsequent to July 9, 1955
21shall be deemed to have consented to the provisions of this
22Section as a condition of coverage, and all participants
23entering service on or subsequent to the effective date of
24this amendatory Act of the 100th General Assembly shall be
25deemed to have consented to the provisions of this amendatory
26Act as a condition of participation. All persons entering

HB1552- 27 -LRB103 25778 RPS 52127 b
1service after the effective date of this amendatory Act of the
2103rd General Assembly shall be deemed to have consented to
3the provisions of this amendatory Act of the 103rd General
4Assembly as a condition of participation.
5 In this Section, "disqualifying offense" means any of the
6following offenses set forth in the Criminal Code of 1961 or
7the Criminal Code of 2012 or any substantially similar offense
8in federal law, the Uniform Code of Military Justice, or state
9law:
10 (1) Indecent solicitation of a child.
11 (2) Sexual exploitation of a child.
12 (3) Custodial sexual misconduct.
13 (4) Exploitation of a child.
14 (5) Child pornography.
15 (6) Aggravated child pornography.
16 (7) First degree murder.
17 (8) Second degree murder.
18 (9) Predatory criminal sexual assault of a child.
19 (10) Aggravated criminal sexual assault.
20 (11) Criminal sexual assault.
21 (12) Aggravated kidnaping.
22 (13) Aggravated battery resulting in great bodily harm
23 or permanent disability or disfigurement.
24(Source: P.A. 100-334, eff. 8-25-17.)
25 Section 99. Effective date. This Act takes effect upon
26becoming law.

HB1552- 28 -LRB103 25778 RPS 52127 b
1 INDEX
2 Statutes amended in order of appearance