Public Act 103-0312
 
HB2475 EnrolledLRB103 30671 AWJ 57132 b


  
    AN ACT concerning State government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Illinois State Police Act is amended  by 
changing Section 9 as follows:
 
 


    (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)


    Sec. 9. Appointment; qualifications. 

    (a) Except as otherwise provided in this Section, the 
appointment of
Illinois State Police officers shall be made 
from those applicants who
have been certified by the Board as 
being qualified for appointment.  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 an associate's degree or 60 credit hours at an 
accredited college or university.  Any person
appointed 
subsequent to successful completion of an associate's degree 
or 60 credit hours at an accredited college or university 
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.  In addition,
all persons so certified for appointment 
shall be of sound mind and body, be of
good moral character, be 
citizens of the United States, have no criminal
records, 
possess such prerequisites of training, education, and 
experience as
the Board may from time to time prescribe so long 
as persons who have an associate's degree or 60 credit hours at 
an accredited college or university are not disqualified, and 
shall be required to pass
successfully such mental and 
physical tests and examinations as may be
prescribed by the 
Board.  A person who meets All persons who meet one of the 
following requirements is are deemed to have met the 
collegiate educational requirements:
        (i) has have been honorably discharged and who has 
    have been awarded a Southwest Asia Service Medal, Kuwait 
    Liberation Medal (Saudi Arabia), Kuwait Liberation Medal 
    (Kuwait), Kosovo Campaign Medal, Korean Defense Service 
    Medal, Afghanistan Campaign Medal, Iraq Campaign Medal, 
    Global War on Terrorism Service Medal, or Global War on 
    Terrorism Expeditionary Medal, or Inherent Resolve 
    Campaign Medal by the United States Armed Forces;
        (ii) is an active member are active members of the 
    Illinois National Guard or a reserve component of the 
    United States Armed Forces and who has have been awarded a 
    Southwest Asia Service Medal, Kuwait Liberation Medal 
    (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Kosovo 
    Campaign Medal, Korean Defense Service Medal, Afghanistan 
    Campaign Medal, Iraq Campaign Medal, Global War on 
    Terrorism Service Medal, or Global War on Terrorism 
    Expeditionary Medal, or Inherent Resolve Campaign Medal as 
    a result of honorable service during deployment on active 
    duty; 
        (iii) has have been honorably discharged who served in 
    a combat mission by proof of hostile fire pay or imminent 
    danger pay during deployment on active duty; or
        (iv) has have at least 3 years of full active and 
    continuous United States Armed Forces military duty, which 
    shall also include a period of active duty with the State 
    of Illinois under Title 10 or Title 32 of the United States 
    Code pursuant to an order of the President or the Governor 
    of the State of Illinois, and received an honorable 
    discharge before hiring; or .
        (v) has successfully completed basic law enforcement 
    training,  has at least 3 years of continuous, full-time 
    service as a peace officer with the same police 
    department, and is currently serving as a peace officer 
    when applying. 
    Preference shall be given in such appointments to
persons 
who have honorably served in the United States Armed Forces 
military or naval services of the
United States.  All 
appointees shall serve a probationary period of 12 months
from 
the date of appointment and during that period may be 
discharged at the
will of the Director. However, the Director 
may in his or her sole discretion
extend the probationary 
period of an officer up to an additional 6 months when
to do so 
is deemed in the best interest of the Illinois State Police. 
Nothing in this subsection (a) limits the Board's ability to 
prescribe education prerequisites or requirements to certify 
Illinois State Police officers for promotion as provided in 
Section 10 of this Act.

    (b) Notwithstanding the other provisions of this Act, 
after July 1,
1977 and before July 1, 1980, the Director of 
State Police may appoint and
promote not more than 20 persons 
having special qualifications as special
agents as he or she 
deems necessary to carry out the Department's objectives.  Any

such appointment or promotion shall be ratified by the Board.

    (c) During the 90 days following March 31, 1995 (the 
effective date of Public Act 89-9), the Director of State 
Police may appoint up to 25 persons as State
Police officers.  
These appointments shall be made in accordance with the

requirements of this subsection (c) and any additional 
criteria that may be
established by the Director, but are not 
subject to any other requirements of
this Act.  The Director 
may specify the initial rank for each person appointed
under 
this subsection.

    All appointments under this subsection (c) shall be made 
from personnel
certified by the Board.  A person certified by 
the Board and appointed by the
Director under this subsection 
must have been employed by the Illinois Commerce
Commission on 
November 30, 1994 in a job title
subject to the Personnel Code 
and in a position for which the person was
eligible to earn 
"eligible creditable service" as a "noncovered employee", as

those terms are defined in Article 14 of the Illinois Pension 
Code.

    Persons appointed under this subsection (c) shall 
thereafter be subject to
the same requirements and procedures 
as other State police officers.  A person
appointed under this 
subsection must serve a probationary period of 12 months
from 
the date of appointment, during which he or she may be 
discharged at the
will of the Director.

    This subsection (c) does not affect or limit the 
Director's authority to
appoint other State Police officers 
under subsection (a) of this Section.
    (d) During the 180 days following January 1, 2022 (the 
effective date of Public Act 101-652), the Director of the 
Illinois State Police may appoint current Illinois State 
Police employees serving in law enforcement officer positions 
previously within Central Management Services as  State Police 
officers. These appointments shall be made in accordance with 
the requirements of this subsection (d) and any institutional 
criteria that may be established by the Director, but are not 
subject to any other requirements of this Act.
All 
appointments under this subsection (d) shall be made from 
personnel certified by the Board. A person certified by the 
Board and appointed by the Director under this subsection must 
have been employed by the a State agency, board, or commission 
on January 1, 2021 in a job title subject to the Personnel Code 
and in a position for which the person was eligible to earn 
"eligible creditable service" as a "noncovered employee", as 
those terms are defined in Article 14 of the Illinois Pension 
Code.
Persons appointed under this subsection (d) shall 
thereafter be subject to the same requirements, and subject to 
the same contractual benefits and obligations, as other State 
police officers.
This subsection (d) does not affect or limit 
the Director's authority to appoint other State Police 
officers under subsection (a) of this Section.
    (e) The Merit Board shall review Illinois State Police 
Cadet applicants. The Illinois State Police may provide 
background check and investigation material to the Board for 
its review

pursuant to this Section. The Board shall approve 
and ensure that no cadet applicant is certified unless the 
applicant is a person of good character and has not been 
convicted of, or entered a plea of guilty to, a felony offense, 
any of the misdemeanors specified in this Section or if 
committed in any other state would be an offense similar to 
Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 
11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 
17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in 
violation of any Section of Part E of Title III of the Criminal 
Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of 
the Criminal Code of 1961 or the Criminal Code of 2012, or 
subsection (a) of Section 17-32 of the Criminal Code of 1961 or 
the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis 
Control Act, or any felony or misdemeanor in violation of 
federal law or the law of any state that is the equivalent of 
any of the offenses specified therein. The Officer 
Professional Conduct Database, provided for in Section 9.2 of 
the Illinois Police Training Act, shall be searched as part of 
this process. For purposes of this Section, "convicted of, or 
entered a plea of guilty" regardless of whether the 
adjudication of guilt or sentence is withheld or not entered 
thereon. This includes sentences of supervision, conditional 
discharge, or first offender probation, or any similar 
disposition provided for by law.
    (f) The Board shall by rule establish an application fee 
waiver program for any person who meets one or more of the 
following criteria:
        (1) his or her available personal income is 200% or 
    less of the current poverty level; or
        (2) he or she is, in the discretion of the Board, 
    unable to proceed in an action with payment of application 
    fee and payment of that fee would result in substantial 
    hardship to the person or the person's family. 

(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22; 
102-538, eff. 8-20-21; 102-694, eff. 1-7-22; 102-813, eff. 
5-13-22; revised 8-24-22.)