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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Counties Code is amended by changing | |||||||||||||||||||||||
| 5 | Sections 3-6012 and 3-6013 as follows:
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| 6 | (55 ILCS 5/3-6012) (from Ch. 34, par. 3-6012)
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| 7 | Sec. 3-6012. Auxiliary deputies. The sheriff of any county | |||||||||||||||||||||||
| 8 | in Illinois
may, with the advice and consent of the county | |||||||||||||||||||||||
| 9 | board appoint auxiliary
deputies in such number as the county | |||||||||||||||||||||||
| 10 | board shall from time to time deem
necessary. However, such | |||||||||||||||||||||||
| 11 | number of appointed auxiliary deputies shall not
increase, | |||||||||||||||||||||||
| 12 | except for auxiliary deputies appointed to a special law | |||||||||||||||||||||||
| 13 | enforcement team pursuant to Section 3-6013, after January 1, | |||||||||||||||||||||||
| 14 | 1982 if vacancies exist within the certified
ranks of the | |||||||||||||||||||||||
| 15 | department. Such auxiliary deputies shall not be regular
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| 16 | appointed deputies pursuant to Section 3-6008, nor shall they | |||||||||||||||||||||||
| 17 | be
members of a county police department established pursuant | |||||||||||||||||||||||
| 18 | to Divisions 3-7
and 3-8.
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| 19 | (Source: P.A. 86-962.)
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| 20 | (55 ILCS 5/3-6013) (from Ch. 34, par. 3-6013)
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| 21 | Sec. 3-6013. Duties, training and compensation of | |||||||||||||||||||||||
| 22 | auxiliary deputies. Auxiliary deputies shall not supplement | |||||||||||||||||||||||
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| 1 | members of the regular county
police department or regular | ||||||
| 2 | deputies in the performance of their assigned
and normal | ||||||
| 3 | duties, except as provided herein. Auxiliary deputies may be
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| 4 | assigned and directed by the sheriff to perform the following | ||||||
| 5 | duties in
the county:
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| 6 | To aid or direct traffic within the county; , to aid in | ||||||
| 7 | control of natural
or human made disasters; , to aid in case of | ||||||
| 8 | civil disorder; and to aid special law enforcement teams | ||||||
| 9 | involved in, but not limited to, searches and rescues, civil | ||||||
| 10 | disturbances, bomb threat responses, tactical or special | ||||||
| 11 | operations team deployments, hostage negotiations, hazmat | ||||||
| 12 | responses, executive and dignitary protection, and | ||||||
| 13 | counter-terrorism as assigned and
directed by the sheriff, | ||||||
| 14 | provided, that in emergency cases which render it
impractical | ||||||
| 15 | for members of the regular county police department or regular
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| 16 | deputies to perform their assigned and normal duties, the | ||||||
| 17 | sheriff is hereby
authorized to assign and direct auxiliary | ||||||
| 18 | deputies to perform such regular
and normal duties. | ||||||
| 19 | Identification symbols worn by such auxiliary deputies
shall be | ||||||
| 20 | different and distinct from those used by members of the | ||||||
| 21 | regular
county police department or regular deputies. Such | ||||||
| 22 | auxiliary deputies
shall at all times during the performance of | ||||||
| 23 | their duties be subject to the
direction and control of the | ||||||
| 24 | sheriff of the county. Such auxiliary deputies
shall not carry | ||||||
| 25 | firearms, except with the permission of the sheriff, and
only | ||||||
| 26 | while in uniform and in the performance of their assigned | ||||||
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| 1 | duties.
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| 2 | Auxiliary deputies, prior to entering upon any of their | ||||||
| 3 | duties, shall
receive a course of training in the use of | ||||||
| 4 | weapons and other police
procedures as shall be appropriate in | ||||||
| 5 | the exercise of the powers
conferred upon them under this | ||||||
| 6 | Division, which training and
course of study shall be | ||||||
| 7 | determined and provided by the sheriff of each
county utilizing | ||||||
| 8 | auxiliary deputies, provided that, before being
permitted to | ||||||
| 9 | carry a firearm an auxiliary deputy must have the same
course | ||||||
| 10 | of training as required of peace officers in Section 2 of the
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| 11 | Peace Officer and Probation Officer Firearm Training Act. | ||||||
| 12 | Auxiliary deputies assigned to perform duties to aid special | ||||||
| 13 | law enforcement teams shall have completed acceptable training | ||||||
| 14 | as designated and approved by the sheriff or the Law | ||||||
| 15 | Enforcement Training Standards Board. The county authorities | ||||||
| 16 | shall require
that all auxiliary deputies be residents of the | ||||||
| 17 | county served by them. However, auxiliary deputies assigned to | ||||||
| 18 | perform duties to aid special law enforcement teams may reside | ||||||
| 19 | outside the limits of the county with the approval of the | ||||||
| 20 | sheriff.
Prior to the appointment of any auxiliary deputy his | ||||||
| 21 | or her fingerprints
shall be taken and no person shall be | ||||||
| 22 | appointed as such auxiliary deputy if
he or she has been | ||||||
| 23 | convicted of a felony or other crime involving moral
turpitude.
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| 24 | Auxiliary deputies may receive such compensation as is set | ||||||
| 25 | by the County Board, with the advice and consent of the | ||||||
| 26 | Sheriff, not to exceed the lowest hourly pay of a full-time | ||||||
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| 1 | sworn member of the regular county police or sheriff's | ||||||
| 2 | department and not be paid a salary, except as provided in
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| 3 | Section 3-6036, but may be reimbursed for actual expenses | ||||||
| 4 | incurred in
performing their assigned duty. The County Board | ||||||
| 5 | must approve such actual
expenses and arrange for payment.
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| 6 | Nothing in this Division shall preclude an auxiliary deputy | ||||||
| 7 | from holding
a simultaneous appointment as an auxiliary police | ||||||
| 8 | officer pursuant to Section
3-6-5 of the Illinois Municipal | ||||||
| 9 | Code.
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| 10 | For purposes of this Section, "special law enforcement | ||||||
| 11 | team" shall include a team or unit operating entirely within | ||||||
| 12 | the State of Illinois, unless otherwise authorized by law or | ||||||
| 13 | interstate compact, including, but not limited to, a search and | ||||||
| 14 | rescue team, a civil disturbance unit, a Special Weapons and | ||||||
| 15 | Tactics (SWAT) team, and a special operations team. | ||||||
| 16 | (Source: P.A. 97-379, eff. 8-15-11; 98-725, eff. 1-1-15.)
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| 17 | Section 10. The Illinois Municipal Code is amended by | ||||||
| 18 | changing Section 3.1-30-20 as follows:
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| 19 | (65 ILCS 5/3.1-30-20) (from Ch. 24, par. 3.1-30-20)
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| 20 | Sec. 3.1-30-20. Auxiliary police officers.
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| 21 | (a) Auxiliary police officers shall
not be members of the | ||||||
| 22 | regular police department of the municipality.
Auxiliary | ||||||
| 23 | police officers shall not supplement members of the regular
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| 24 | police department of any municipality in the performance of | ||||||
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| 1 | their
assigned and normal duties, except as otherwise provided | ||||||
| 2 | in this Code.
Auxiliary police officers shall only be assigned | ||||||
| 3 | to perform the following
duties in a municipality:
(i) to aid | ||||||
| 4 | or direct traffic within the
municipality, (ii) to aid in | ||||||
| 5 | control of natural or man made disasters, and
(iii) to aid
in | ||||||
| 6 | case of civil disorder as directed by the chief of police, and | ||||||
| 7 | (iv) to aid special law enforcement teams involved in, but not | ||||||
| 8 | limited to, searches and rescues, civil disturbances, bomb | ||||||
| 9 | threat responses, tactical or special operations team | ||||||
| 10 | deployments, hostage negotiations, hazmat responses, executive | ||||||
| 11 | and dignitary protection, and counter-terrorism. Auxiliary | ||||||
| 12 | officers assigned to perform duties pursuant to part (iv) of | ||||||
| 13 | this subsection shall have completed acceptable training as | ||||||
| 14 | designated and approved by the chief of police or the Law | ||||||
| 15 | Enforcement Training Standards Board.
When it is impractical | ||||||
| 16 | for members of the regular
police department to perform those | ||||||
| 17 | normal and regular police duties, however,
the
chief of police | ||||||
| 18 | of the regular police department may
assign auxiliary police | ||||||
| 19 | officers to perform those normal and regular police
duties. | ||||||
| 20 | Identification symbols worn by auxiliary police officers shall | ||||||
| 21 | be
different and distinct from those used by members of the | ||||||
| 22 | regular police
department. Auxiliary police officers shall at | ||||||
| 23 | all times during the
performance of their duties be subject to | ||||||
| 24 | the direction and control of
the chief of police of the | ||||||
| 25 | municipality. Auxiliary police officers
shall not carry | ||||||
| 26 | firearms, except with the permission of the chief of
police and | ||||||
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| 1 | while in uniform and in the performance of their duties.
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| 2 | Auxiliary police officers, when on duty, shall also be | ||||||
| 3 | conservators of the
peace and shall have the powers specified | ||||||
| 4 | in Section 3.1-15-25. For purposes of this Section, "special | ||||||
| 5 | law enforcement team" shall include a team or unit operating | ||||||
| 6 | entirely within the State of Illinois, unless otherwise | ||||||
| 7 | authorized by law or interstate compact, including, but not | ||||||
| 8 | limited to, a search and rescue team, a civil disturbance unit, | ||||||
| 9 | a Special Weapons and Tactics (SWAT) team, and a special | ||||||
| 10 | operations team.
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| 11 | (b) Auxiliary police officers, before entering upon any of | ||||||
| 12 | their duties,
shall receive a course of training in the use of | ||||||
| 13 | weapons and other
police procedures appropriate for the | ||||||
| 14 | exercise of the powers
conferred upon them under this Code. The | ||||||
| 15 | training and course of study
shall be determined and provided | ||||||
| 16 | by the corporate authorities of each
municipality employing | ||||||
| 17 | auxiliary police officers. Before being permitted to carry a | ||||||
| 18 | firearm, however, an auxiliary police officer must have the | ||||||
| 19 | same course of training as required of peace officers under | ||||||
| 20 | Section 2 of the Peace Officer and Probation Officer Firearm | ||||||
| 21 | Training Act. The municipal authorities may
require that all | ||||||
| 22 | auxiliary police officers be residents of the municipality
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| 23 | served by them. However, auxiliary officers assigned to perform | ||||||
| 24 | duties pursuant to part (iv) of subsection (a) may reside | ||||||
| 25 | outside the limits of the municipality with the approval of the | ||||||
| 26 | chief of police. Before the appointment of an auxiliary police | ||||||
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| 1 | officer, the
person's fingerprints shall be taken, and no | ||||||
| 2 | person shall be appointed as an
auxiliary police officer if | ||||||
| 3 | that person has been convicted of a felony or other
crime
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| 4 | involving moral turpitude.
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| 5 | (c) The Line of Duty Compensation Act
shall be applicable | ||||||
| 6 | to auxiliary police officers
upon their death in the line of | ||||||
| 7 | duty described in this Code.
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| 8 | (Source: P.A. 98-725, eff. 1-1-15.)
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| 9 | Section 99. Effective date. This Act takes effect upon | ||||||
| 10 | becoming law.
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