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| Public Act 103-0357
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| HB3751 Enrolled | LRB103 26925 AWJ 53289 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The Counties Code is amended by changing |
Sections 3-6033 and 3-7008 as follows:
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(55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033)
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Sec. 3-6033. Citizenship and residence. The It is unlawful |
for the
sheriff of any county of fewer than 1,000,000 |
inhabitants, or the corporate
authorities of any municipality |
may city, town or village to authorize, empower, employ, or
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permit a any person to act as deputy sheriff or special |
policeman for the
purpose of preserving the peace, who is not a |
citizen of the United States, who is legally authorized under |
federal law to work in the United States and is authorized |
under federal law to obtain, carry, or purchase or otherwise |
possess a firearm, or who is an individual against whom |
immigration action has been deferred by the U.S. Citizenship |
and Immigration Services under the federal Deferred Action for |
Childhood Arrivals (DACA) process and is authorized under |
federal law to obtain, carry, or purchase or otherwise possess |
a firearm.
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(Source: P.A. 86-962; 87-357.)
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(55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
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Sec. 3-7008. Appointments. The appointment of deputy |
sheriffs in the
Police Department, full-time deputy sheriffs |
not employed as county police
officers or county corrections |
officers and of employees in the Department
of Corrections |
shall be made from those applicants who have been certified
by |
the Board as being qualified for appointment. Certification |
for
appointment in one department shall not constitute |
certification for
appointment in another department. |
Certification may be made at any point prior to appointment |
and may be made in conjunction with the Sheriff's application |
process. All persons so appointed shall, at the
time of their |
appointment, be not less than 21 years of age, or 20 years of
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age and have successfully completed 2 years of law enforcement |
studies at
an accredited college or university. Any person |
appointed subsequent to
successful completion of 2 years of |
such law enforcement studies shall not
have power of arrest, |
nor shall he or she be permitted to carry firearms,
until he or |
she reaches 21 years of age. Any person appointed shall be a |
citizen of the United States, an individual who is legally |
authorized to work
in the United States under federal law and |
is authorized under federal law to obtain, carry, or purchase |
or otherwise possess a firearm, or an individual against whom |
immigration action has been deferred by the U.S. Citizenship |
and Immigration Services under the federal Deferred Action for |
Childhood Arrivals (DACA) process and who is authorized under |
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federal law to obtain, carry, or purchase or otherwise possess |
a firearm. In addition,
all persons so appointed shall be not |
more than the maximum age limit fixed
by the Board from time to |
time, be of sound mind and body, be of good moral
character, be |
citizens of the United States, have not been convicted of a |
crime
which the Board considers to be detrimental to the |
applicant's ability to
carry out his or her duties, possess |
such prerequisites of training, education
and experience as |
the Board may from time to time prescribe, and shall be
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required to pass successfully mental, physical, psychiatric |
and other tests
and examinations as may be prescribed by the |
Board. Preference shall be
given in such appointments to |
persons who have honorably served in the
military or naval |
services of the United States. All appointees shall serve a
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probationary period of 12 months and during that period may be |
discharged
at the will of the Sheriff. However, civil service |
employees of the house
of correction who have certified status |
at the time of the transfer of the
house of correction to the |
County Department of Corrections are not subject
to this |
probationary period, and they shall retain their job titles, |
such
tenure privileges as are now enjoyed and any subsequent |
title changes shall
not cause reduction in rank or elimination |
of positions.
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(Source: P.A. 100-912, eff. 8-17-18.)
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Section 5. The Illinois Municipal Code is amended by |
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changing Sections 10-1-7 and 10-2.1-6 as follows:
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(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
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Sec. 10-1-7. Examination of applicants; disqualifications.
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(a) All applicants for offices or places in the classified |
service, except
those mentioned in Section 10-1-17, are |
subject to examination. The
examination shall be public, |
competitive, and open to all citizens of the
United States, |
with specified limitations as to residence, age, health, |
habits,
and moral character. An individual who is not a |
citizen but is legally authorized to work
in the United States |
under federal law or is an individual against whom immigration |
action has been deferred by the U.S. Citizenship and |
Immigration Services under the federal Deferred Action for |
Childhood Arrivals (DACA) process is authorized to apply for |
the position of police officer, subject to (i) all |
requirements and limitations, other than citizenship, to which |
other applicants are subject and (ii) the individual being |
authorized under federal law to obtain, carry, or purchase or |
otherwise possess a firearm.
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(b) Residency requirements in effect at the time an |
individual enters the
fire or police service of a municipality |
(other than a municipality that
has more than 1,000,000 |
inhabitants) cannot be made more restrictive
for that |
individual during his or her period of service for that |
municipality,
or be made a condition of promotion, except for |
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the rank or position of Fire or
Police Chief.
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(c) No person with a record of misdemeanor convictions |
except
those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, |
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, |
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions |
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), |
(6), and
(8) of subsection (a) of Section 24-1 of the Criminal |
Code of 1961 or the Criminal Code of 2012 or arrested for any |
cause but
not convicted on that cause shall be disqualified |
from taking the examination
on grounds of habits or moral |
character, unless the person is attempting to
qualify for a |
position on the police department, in which case the |
conviction
or arrest may be considered as a factor in |
determining the person's habits or
moral character.
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(d) Persons entitled to military preference under Section |
10-1-16
shall not be subject to limitations specifying age |
unless they are
applicants for a position as a fireman or a |
policeman having no previous
employment status as a fireman or |
policeman in the regularly constituted
fire or police |
department of the municipality, in which case they must not
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have attained their 35th birthday, except any person who has |
served as an
auxiliary police officer under Section 3.1-30-20 |
for at least 5 years and is
under 40 years of age.
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(e) All employees of a municipality of less than 500,000 |
population (except
those who would be excluded from the |
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classified service as provided in this
Division 1) who are |
holding that employment as of the date a municipality
adopts |
this Division 1, or as of July 17, 1959, whichever date is the |
later,
and who have held that employment for at least 2 years |
immediately before that
later date, and all firemen and |
policemen regardless of length of service who
were either |
appointed to their respective positions by the board of fire |
and
police commissioners under the provisions of Division 2 of |
this Article or who
are serving in a position (except as a |
temporary employee) in the fire or
police department in the |
municipality on the date a municipality adopts
this Division |
1, or as of July 17, 1959, whichever date is the later, shall
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become members of the classified civil service of the |
municipality
without examination.
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(f) The examinations shall be practical in their |
character, and shall
relate to those matters that will fairly |
test the relative capacity of the
persons examined to |
discharge the duties of the positions to which they
seek to be |
appointed. The examinations shall include tests of physical
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qualifications, health, and (when appropriate) manual skill. |
If an applicant
is unable to pass the physical examination |
solely as the result of an injury
received by the applicant as |
the result of the performance of an act of duty
while working |
as a temporary employee in the position for which he or she is
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being examined, however, the physical examination shall be |
waived and the
applicant shall be considered to have passed |
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the examination. No questions in
any examination shall relate |
to political or religious opinions or
affiliations. Results of |
examinations and the eligible registers prepared from
the |
results shall be published by the commission within 60 days |
after any
examinations are held.
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(g) The commission shall control all examinations, and |
may, whenever an
examination is to take place, designate a |
suitable number of persons,
either in or not in the official |
service of the municipality, to be
examiners. The examiners |
shall conduct the examinations as directed by the
commission |
and shall make a return or report of the examinations to the
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commission. If the appointed examiners are in the official |
service of the
municipality, the examiners shall not receive |
extra compensation for conducting
the examinations unless the |
examiners are subject to a collective bargaining agreement |
with the municipality. The commission may at any time |
substitute any other person,
whether or not in the service of |
the municipality, in the place of any one
selected as an |
examiner. The commission members may themselves at any time |
act
as examiners without appointing examiners. The examiners |
at any examination
shall not all be members of the same |
political party.
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(h) In municipalities of 500,000 or more population, no |
person who has
attained his or her 35th birthday shall be |
eligible to take an examination for
a position as a fireman or |
a policeman unless the person has had previous
employment |
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status as a policeman or fireman in the regularly constituted |
police
or fire department of the municipality, except as |
provided in this Section.
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(i) In municipalities of more than 5,000 but not more than |
200,000
inhabitants, no person who has attained his or her |
35th birthday shall be
eligible to take an examination for a |
position as a fireman or a policeman
unless the person has had |
previous employment status as a policeman or fireman
in the |
regularly constituted police or fire department of the |
municipality,
except as provided in this Section.
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(j) In all municipalities, applicants who are 20 years of |
age and who have
successfully completed 2 years of law |
enforcement studies at an accredited
college or university may |
be considered for appointment to active duty with
the police |
department. An applicant described in this subsection (j) who |
is
appointed to active duty shall not have power of arrest, nor |
shall the
applicant be permitted to carry firearms, until he |
or she reaches 21 years of
age.
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(k) In municipalities of more than 500,000 population, |
applications for
examination for and appointment to positions |
as firefighters or police
shall be made available at various |
branches of the public library of the
municipality.
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(l) No municipality having a population less than |
1,000,000 shall require
that any fireman appointed to the |
lowest rank serve a probationary employment
period of longer |
than one year. The limitation on periods of probationary
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employment provided in Public Act 86-990 is an exclusive power |
and
function of the State. Pursuant to subsection (h) of |
Section 6 of Article VII
of the Illinois Constitution, a home |
rule municipality having a population less
than 1,000,000 must |
comply with this limitation on periods of probationary
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employment, which is a denial and limitation of home rule |
powers.
Notwithstanding anything to the contrary in this |
Section, the probationary
employment period limitation may be |
extended for a firefighter who is required, as a condition of |
employment, to be a licensed paramedic, during which time the |
sole reason that a firefighter may be discharged without a |
hearing is for failing to meet the requirements for paramedic |
licensure.
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(m) To the extent that this Section or any other Section in |
this Division conflicts with Section 10-1-7.1 or 10-1-7.2, |
then Section 10-1-7.1 or 10-1-7.2 shall control. |
(Source: P.A. 102-813, eff. 5-13-22.)
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(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
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Sec. 10-2.1-6. Examination of applicants; |
disqualifications.
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(a) All applicants for a position in either the fire or |
police department
of the municipality shall be under 35 years |
of age, shall be subject to an
examination that shall be |
public, competitive, and open to all applicants
(unless the |
council or board of trustees by ordinance limit applicants to
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electors of the municipality, county, state, or nation) and |
shall be subject to
reasonable limitations as to residence, |
health, habits, and moral character. An individual who is not |
a citizen but is legally authorized to work
in the United |
States under federal law or is an individual against whom |
immigration action has been deferred by the U.S. Citizenship |
and Immigration Services under the federal Deferred Action for |
Childhood Arrivals (DACA) process is authorized to apply for |
the position of police officer, subject to (i) all |
requirements and limitations, other than citizenship, to which |
other applicants are subject and (ii) the individual being |
authorized under federal law to obtain, carry, or purchase or |
otherwise possess a firearm.
The municipality may not charge |
or collect any fee from an applicant who has
met all |
prequalification standards established by the municipality for |
any such
position. With respect to a police department, a |
veteran shall be allowed to exceed the maximum age provision |
of this Section by the number of years served on active |
military duty, but by no more than 10 years of active military |
duty.
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(b) Residency requirements in effect at the time an |
individual enters the
fire or police service of a municipality |
(other than a municipality that
has more than 1,000,000 |
inhabitants) cannot be made more restrictive for
that |
individual during his period of service for that municipality, |
or be
made a condition of promotion, except for the rank or |
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position of Fire or
Police Chief.
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(c) No person with a record of misdemeanor convictions |
except those
under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14, |
11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, |
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
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31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions |
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1), |
(6), and (8) of subsection (a) of
Section 24-1 of the Criminal |
Code of 1961 or the Criminal Code of 2012, or arrested for any |
cause but not
convicted on that cause shall be disqualified |
from taking the examination to
qualify for a position in the |
fire department on grounds of habits or moral
character.
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(d) The age limitation in subsection (a) does not apply |
(i) to any person
previously employed as a policeman or |
fireman in a regularly constituted police
or fire department |
of (I) any municipality, regardless of whether the |
municipality is located in Illinois or in another state, or |
(II) a fire protection district
whose obligations were assumed |
by a municipality under Section 21 of the Fire
Protection |
District Act, (ii) to any person who has served a municipality |
as a
regularly enrolled volunteer fireman for 5 years |
immediately preceding the time
that municipality begins to use |
full time firemen to provide all or part of its
fire protection |
service, or (iii) to any person who has served as an auxiliary |
police officer under Section 3.1-30-20 for at least 5 years |
and is under 40 years of
age, (iv) to any person who has served |
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as a deputy under Section 3-6008 of
the Counties Code and |
otherwise meets necessary training requirements, or (v) to any |
person who has served as a sworn officer as a member of the |
Illinois State Police.
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(e) Applicants who are 20 years of age and who have |
successfully completed 2
years of law enforcement studies at |
an accredited college or university may be
considered for |
appointment to active duty with the police department. An
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applicant described in this subsection (e) who is appointed to |
active duty
shall not have power of arrest, nor shall the |
applicant be permitted to carry
firearms, until he or she |
reaches 21 years of age.
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(f) Applicants who are 18 years of age and who have |
successfully
completed 2 years of study in fire techniques, |
amounting to a total of 4
high school credits, within the cadet |
program of a municipality may be
considered for appointment to |
active duty with the fire department of any
municipality.
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(g) The council or board of trustees may by ordinance |
provide
that persons residing outside the municipality are |
eligible to take the
examination.
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(h) The examinations shall be practical in character and |
relate to
those matters that will fairly test the capacity of |
the persons examined
to discharge the duties of the positions |
to which they seek appointment. No
person shall be appointed |
to the police or fire department if he or she does
not possess |
a high school diploma or an equivalent high school education.
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A board of fire and police commissioners may, by its rules, |
require police
applicants to have obtained an associate's |
degree or a bachelor's degree as a
prerequisite for |
employment. The
examinations shall include tests of physical |
qualifications and health. A board of fire and police |
commissioners may, by its rules, waive portions of the |
required examination for police applicants who have previously |
been full-time sworn officers of a regular police department |
in any municipal, county, university, or State law enforcement |
agency, provided they are certified by the Illinois Law |
Enforcement Training Standards Board and have been with their |
respective law enforcement agency within the State for at |
least 2 years. No
person shall be appointed to the police or |
fire department if he or she has
suffered the amputation of any |
limb unless the applicant's duties will be only
clerical or as |
a radio operator. No applicant shall be examined concerning |
his
or her political or religious opinions or affiliations. |
The examinations shall
be conducted by the board of fire and |
police commissioners of the municipality
as provided in this |
Division 2.1.
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The requirement that a police applicant possess an |
associate's degree under this subsection may be waived if one |
or more of the following applies: (1) the applicant has served |
for 24 months of honorable active duty in the United States |
Armed Forces and has not been discharged dishonorably or under |
circumstances other than honorable; (2) the applicant has |
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served for 180 days of active duty in the United States Armed |
Forces in combat duty recognized by the Department of Defense |
and has not been discharged dishonorably or under |
circumstances other than honorable; or (3) the applicant has |
successfully received credit for a minimum of 60 credit hours |
toward a bachelor's degree from an accredited college or |
university. |
The requirement that a police applicant possess a |
bachelor's degree under this subsection may be waived if one |
or more of the following applies: (1) the applicant has served |
for 36 months of honorable active duty in the United States |
Armed Forces and has not been discharged dishonorably or under |
circumstances other than honorable or (2) the applicant has |
served for 180 days of active duty in the United States Armed |
Forces in combat duty recognized by the Department of Defense |
and has not been discharged dishonorably or under |
circumstances other than honorable. |
(i) No person who is classified by his local selective |
service draft board
as a conscientious objector, or who has |
ever been so classified, may be
appointed to the police |
department.
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(j) No person shall be appointed to the police or fire |
department unless he
or she is a person of good character and |
not an habitual drunkard, gambler, or
a person who has been |
convicted of a felony or a crime involving moral
turpitude. No |
person, however, shall be disqualified from appointment to the
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fire department because of his or her record of misdemeanor |
convictions except
those under Sections 11-1.50, 11-6, 11-7, |
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
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12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, |
31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, |
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and |
paragraphs (1), (6), and (8) of subsection (a) of Section
24-1 |
of the Criminal Code of 1961 or the Criminal Code of 2012, or |
arrest for any cause without conviction on
that cause. Any |
such person who is in the department may be removed on charges
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brought and after a trial as provided in this Division 2.1.
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(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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Section 99. Effective date. This Act takes effect January |
1, 2024.
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