Bill Text: IL HB3872 | 2015-2016 | 99th General Assembly | Introduced


Bill Title: Amends the Counties Code. Provides that auxiliary deputies may aid special law enforcement teams involved in, but not limited to, searches and rescues, civil disturbances, bomb threat responses, tactical or special operations team deployments, hostage negotiations, hazmat responses, executive and dignitary protection, and counter-terrorism. Further provides for training and residency requirements for auxiliary deputies assigned to perform duties to aid special law enforcement teams. Amends the Illinois Municipal Code with similar changes concerning auxiliary officers. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB3872 Detail]

Download: Illinois-2015-HB3872-Introduced.html


99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3872

Introduced , by Rep. Michael Unes

SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-6012 from Ch. 34, par. 3-6012
55 ILCS 5/3-6013 from Ch. 34, par. 3-6013
65 ILCS 5/3.1-30-20 from Ch. 24, par. 3.1-30-20

Amends the Counties Code. Provides that auxiliary deputies may aid special law enforcement teams involved in, but not limited to, searches and rescues, civil disturbances, bomb threat responses, tactical or special operations team deployments, hostage negotiations, hazmat responses, executive and dignitary protection, and counter-terrorism. Further provides for training and residency requirements for auxiliary deputies assigned to perform duties to aid special law enforcement teams. Amends the Illinois Municipal Code with similar changes concerning auxiliary officers. Effective immediately.
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A BILL FOR

HB3872LRB099 11190 AWJ 31716 b
1 AN ACT concerning local government.
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
5Sections 3-6012 and 3-6013 as follows:
6 (55 ILCS 5/3-6012) (from Ch. 34, par. 3-6012)
7 Sec. 3-6012. Auxiliary deputies. The sheriff of any county
8in Illinois may, with the advice and consent of the county
9board appoint auxiliary deputies in such number as the county
10board shall from time to time deem necessary. However, such
11number of appointed auxiliary deputies shall not increase,
12except for auxiliary deputies appointed to a special law
13enforcement team pursuant to Section 3-6013, after January 1,
141982 if vacancies exist within the certified ranks of the
15department. Such auxiliary deputies shall not be regular
16appointed deputies pursuant to Section 3-6008, nor shall they
17be members of a county police department established pursuant
18to Divisions 3-7 and 3-8.
19(Source: P.A. 86-962.)
20 (55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)
21 Sec. 3-6013. Duties, training and compensation of
22auxiliary deputies. Auxiliary deputies shall not supplement

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1members of the regular county police department or regular
2deputies in the performance of their assigned and normal
3duties, except as provided herein. Auxiliary deputies may be
4assigned and directed by the sheriff to perform the following
5duties in the county:
6 To aid or direct traffic within the county; , to aid in
7control of natural or human made disasters; , to aid in case of
8civil disorder; and to aid special law enforcement teams
9involved in, but not limited to, searches and rescues, civil
10disturbances, bomb threat responses, tactical or special
11operations team deployments, hostage negotiations, hazmat
12responses, executive and dignitary protection, and
13counter-terrorism as assigned and directed by the sheriff,
14provided, that in emergency cases which render it impractical
15for members of the regular county police department or regular
16deputies to perform their assigned and normal duties, the
17sheriff is hereby authorized to assign and direct auxiliary
18deputies to perform such regular and normal duties.
19Identification symbols worn by such auxiliary deputies shall be
20different and distinct from those used by members of the
21regular county police department or regular deputies. Such
22auxiliary deputies shall at all times during the performance of
23their duties be subject to the direction and control of the
24sheriff of the county. Such auxiliary deputies shall not carry
25firearms, except with the permission of the sheriff, and only
26while in uniform and in the performance of their assigned

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1duties.
2 Auxiliary deputies, prior to entering upon any of their
3duties, shall receive a course of training in the use of
4weapons and other police procedures as shall be appropriate in
5the exercise of the powers conferred upon them under this
6Division, which training and course of study shall be
7determined and provided by the sheriff of each county utilizing
8auxiliary deputies, provided that, before being permitted to
9carry a firearm an auxiliary deputy must have the same course
10of training as required of peace officers in Section 2 of the
11Peace Officer and Probation Officer Firearm Training Act.
12Auxiliary deputies assigned to perform duties to aid special
13law enforcement teams shall have completed acceptable training
14as designated and approved by the sheriff or the Law
15Enforcement Training Standards Board. The county authorities
16shall require that all auxiliary deputies be residents of the
17county served by them. However, auxiliary deputies assigned to
18perform duties to aid special law enforcement teams may reside
19outside the limits of the county with the approval of the
20sheriff. Prior to the appointment of any auxiliary deputy his
21or her fingerprints shall be taken and no person shall be
22appointed as such auxiliary deputy if he or she has been
23convicted of a felony or other crime involving moral turpitude.
24 Auxiliary deputies may receive such compensation as is set
25by the County Board, with the advice and consent of the
26Sheriff, not to exceed the lowest hourly pay of a full-time

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1sworn member of the regular county police or sheriff's
2department and not be paid a salary, except as provided in
3Section 3-6036, but may be reimbursed for actual expenses
4incurred in performing their assigned duty. The County Board
5must approve such actual expenses and arrange for payment.
6 Nothing in this Division shall preclude an auxiliary deputy
7from holding a simultaneous appointment as an auxiliary police
8officer pursuant to Section 3-6-5 of the Illinois Municipal
9Code.
10 For purposes of this Section, "special law enforcement
11team" shall include a team or unit operating entirely within
12the State of Illinois, unless otherwise authorized by law or
13interstate compact, including, but not limited to, a search and
14rescue team, a civil disturbance unit, a Special Weapons and
15Tactics (SWAT) team, and a special operations team.
16(Source: P.A. 97-379, eff. 8-15-11; 98-725, eff. 1-1-15.)
17 Section 10. The Illinois Municipal Code is amended by
18changing Section 3.1-30-20 as follows:
19 (65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)
20 Sec. 3.1-30-20. Auxiliary police officers.
21 (a) Auxiliary police officers shall not be members of the
22regular police department of the municipality. Auxiliary
23police officers shall not supplement members of the regular
24police department of any municipality in the performance of

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1their assigned and normal duties, except as otherwise provided
2in this Code. Auxiliary police officers shall only be assigned
3to perform the following duties in a municipality: (i) to aid
4or direct traffic within the municipality, (ii) to aid in
5control of natural or man made disasters, and (iii) to aid in
6case of civil disorder as directed by the chief of police, and
7(iv) to aid special law enforcement teams involved in, but not
8limited to, searches and rescues, civil disturbances, bomb
9threat responses, tactical or special operations team
10deployments, hostage negotiations, hazmat responses, executive
11and dignitary protection, and counter-terrorism. Auxiliary
12officers assigned to perform duties pursuant to part (iv) of
13this subsection shall have completed acceptable training as
14designated and approved by the chief of police or the Law
15Enforcement Training Standards Board. When it is impractical
16for members of the regular police department to perform those
17normal and regular police duties, however, the chief of police
18of the regular police department may assign auxiliary police
19officers to perform those normal and regular police duties.
20Identification symbols worn by auxiliary police officers shall
21be different and distinct from those used by members of the
22regular police department. Auxiliary police officers shall at
23all times during the performance of their duties be subject to
24the direction and control of the chief of police of the
25municipality. Auxiliary police officers shall not carry
26firearms, except with the permission of the chief of police and

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1while in uniform and in the performance of their duties.
2Auxiliary police officers, when on duty, shall also be
3conservators of the peace and shall have the powers specified
4in Section 3.1-15-25. For purposes of this Section, "special
5law enforcement team" shall include a team or unit operating
6entirely within the State of Illinois, unless otherwise
7authorized by law or interstate compact, including, but not
8limited to, a search and rescue team, a civil disturbance unit,
9a Special Weapons and Tactics (SWAT) team, and a special
10operations team.
11 (b) Auxiliary police officers, before entering upon any of
12their duties, shall receive a course of training in the use of
13weapons and other police procedures appropriate for the
14exercise of the powers conferred upon them under this Code. The
15training and course of study shall be determined and provided
16by the corporate authorities of each municipality employing
17auxiliary police officers. Before being permitted to carry a
18firearm, however, an auxiliary police officer must have the
19same course of training as required of peace officers under
20Section 2 of the Peace Officer and Probation Officer Firearm
21Training Act. The municipal authorities may require that all
22auxiliary police officers be residents of the municipality
23served by them. However, auxiliary officers assigned to perform
24duties pursuant to part (iv) of subsection (a) may reside
25outside the limits of the municipality with the approval of the
26chief of police. Before the appointment of an auxiliary police

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1officer, the person's fingerprints shall be taken, and no
2person shall be appointed as an auxiliary police officer if
3that person has been convicted of a felony or other crime
4involving moral turpitude.
5 (c) The Line of Duty Compensation Act shall be applicable
6to auxiliary police officers upon their death in the line of
7duty described in this Code.
8(Source: P.A. 98-725, eff. 1-1-15.)
9 Section 99. Effective date. This Act takes effect upon
10becoming law.
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