Public Act 103-0357
 
HB3751 EnrolledLRB103 26925 AWJ 53289 b


  
    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.)

 



    (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 
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.)

 
    Section 5. The Illinois Municipal Code is amended  by 
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 
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 
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 
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 
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

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.)


 


    (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

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 
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 
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.

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 
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

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.)

 
 
    Section 99. Effective date. This Act takes effect January 
1, 2024.