Bill Text: IL HB5790 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Counties Code. Restores certain provisions of the Counties Code and the Illinois Municipal Code concerning citizenship of employees of a sheriff's department and police officer applicants to the form in which they existed before their amendment by Public Act 103-357. Effective immediately.

Spectrum: Partisan Bill (Republican 12-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB5790 Detail]

Download: Illinois-2023-HB5790-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5790 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
55 ILCS 5/3-6033 from Ch. 34, par. 3-6033
55 ILCS 5/3-7008 from Ch. 34, par. 3-7008
65 ILCS 5/10-1-7 from Ch. 24, par. 10-1-7
65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6
Amends the Counties Code. Restores certain provisions of the Counties Code and the Illinois Municipal Code concerning citizenship of employees of a sheriff's department and police officer applicants to the form in which they existed before their amendment by Public Act 103-357. Effective immediately.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Counties Code is amended by changing
Sections 3-6033 and 3-7008 as follows:
(55 ILCS 5/3-6033) (from Ch. 34, par. 3-6033)
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
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.
(Source: P.A. 86-962; 87-357; 103-357, eff. 1-1-24.)

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(55 ILCS 5/3-7008) (from Ch. 34, par. 3-7008)
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
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
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
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.
(Source: P.A. 100-912, eff. 8-17-18; 103-357, eff. 1-1-24.)
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:
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
Sec. 10-1-7. Examination of applicants; disqualifications.
(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.
(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.
(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.
(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
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.
(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
become members of the classified civil service of the
municipality without examination.
(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
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
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.
(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
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.
(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.
(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.
(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.
(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.
(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
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.
(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; 103-357, eff. 1-1-24.)
(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
Sec. 10-2.1-6. Examination of applicants;
disqualifications.
(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.
(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.
(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 to qualify for a position in the
fire department on grounds of habits or moral character.
(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.
(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
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.
(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.
(g) The council or board of trustees may by ordinance
provide that persons residing outside the municipality are
eligible to take the examination.
(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.
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.
(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,
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
brought and after a trial as provided in this Division 2.1.
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
103-357, eff. 1-1-24.)