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Public Act 094-0029
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| SB0528 Enrolled |
LRB094 08907 AJO 39127 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by |
changing Section 10-2.1-6 as follows:
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(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
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Sec. 10-2.1-6. Examination of applicants; |
disqualifications.
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(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.
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.
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(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.
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(c) No person with a record of misdemeanor convictions |
except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, |
11-17, 11-18, 11-19,
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, 32-8, and subsections (1), (6) and (8) of
Section |
24-1 of the Criminal Code of 1961 or arrested for any cause but |
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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.
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(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 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
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fire protection service, or (iii) to any person who has served |
as an auxiliary
policeman under Section 3.1-30-20 for at least |
5 years and is under 40 years of
age, or (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 Department of State Police.
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(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
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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.
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(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.
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(g) The council or board of trustees may by ordinance |
provide
that persons residing outside the municipality are |
eligible to take the
examination.
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(h) The examinations shall be practical in character and |
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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. 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.
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(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.
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(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 11-6, 11-7, 11-9, |
11-14, 11-15, 11-17, 11-18, 11-19, 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, 32-8, and subsections (1), (6) and (8) |
of Section
24-1 of the Criminal Code of 1961 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.
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(Source: P.A. 92-533, eff. 3-14-02.)
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