Public Act 094-0103
 		





SB0189 Enrolled
LRB094 03510 MKM 33513 b






    AN ACT concerning law enforcement.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Illinois Police Training Act is amended  by 
changing Sections 10 and 10.2 and adding Section 10.4 as 
follows:
 



    (50 ILCS 705/10)  (from Ch. 85, par. 510)



    Sec. 10. The Board may make, amend and rescind such rules 
and regulations
as may be necessary to carry out the provisions 
of this Act, including those relating to the annual 
certification of retired law enforcement officers qualified 
under federal law to carry a concealed weapon. A copy of all

rules and regulations and amendments or rescissions thereof 
shall be filed
with the Secretary of State within a reasonable 
time after their adoption.
The schools certified by the Board 
and participating in the training
program may dismiss from the 
school any trainee prior to his completion of
the course, if in 
the opinion of the person in charge of the training
school, the 
trainee is unable or unwilling to satisfactorily complete the

prescribed course of training.

(Source: Laws 1965, p. 3099.)

 



    (50 ILCS 705/10.2)



    Sec. 10.2. Criminal background investigations. 

    (a) On and after the effective date of this amendatory Act 
of the 92nd
General Assembly,
an applicant for employment as a 
peace officer, or for annual certification as a retired law 
enforcement officer qualified under federal law to carry a 
concealed weapon, shall authorize an
investigation to 
determine if
the applicant has been convicted of any criminal 
offense that disqualifies the
person as a peace
officer.

    (b) No law enforcement agency may knowingly employ a 
person, or certify a retired law enforcement officer qualified 
under federal law to carry a concealed weapon, unless (i) a

criminal
background investigation of that person
has been 
completed and (ii) that investigation reveals no convictions of

offenses specified in subsection (a) of Section 6.1 of this 
Act.

(Source: P.A. 92-533, eff. 3-14-02.)

 
    (50 ILCS 705/10.4  new)
    Sec. 10.4. Weapon certification for retired law 
enforcement officers. The Board may initiate, administer, and 
conduct annual firearm certification courses consistent with 
the requirements enumerated in the Peace Officer Firearm 
Training Act for retired law enforcement officers qualified 
under federal law to carry a concealed weapon.
 
    Section 10. The Peace Officer Firearm Training Act is 
amended  by changing Sections 1 and 3 and  by adding Section 2.5 
as follows:
 



    (50 ILCS 710/1)  (from Ch. 85, par. 515)



    Sec. 1. Definitions. As used in this Act:  (a) "Peace 
officer"
means (i) any person who by virtue of his office or 
public employment is
vested by law with a primary duty to 
maintain public order or to make
arrests for offenses, whether 
that duty extends to all offenses or is
limited to specific 
offenses, and who is employed in such capacity by any
county or 
municipality or (ii) any retired law enforcement officers 
qualified under federal law to carry a concealed weapon.  (b)

"Firearms" means any weapon or device defined as a firearm in 
Section
1.1 of "An Act relating to the acquisition, possession 
and transfer of
firearms and firearm ammunition, to provide a 
penalty for the violation
thereof and to make an appropriation 
in connection therewith", approved
August 3, 1967, as amended.

(Source: P.A. 81-995.)

 
    (50 ILCS 710/2.5  new)
    Sec. 2.5. Annual range qualification. The annual range 
qualification for peace officers shall consist of range fire 
approved by the Illinois Law Enforcement Training Standards 
Board.
 



    (50 ILCS 710/3)  (from Ch. 85, par. 517)



    Sec. 3. The Board is charged with enforcing this Act and 
making
inspections to insure compliance with its provisions, 
and is empowered
to promulgate rules necessary for its 
administration and enforcement, including those relating to 
the annual certification of retired law enforcement officers 
qualified under federal law to carry a concealed weapon.
All 
units of government
or other agencies
 which employ or utilize 
peace officers, or that  certify retired law enforcement 
officers qualified under federal law to carry a concealed 
weapon, shall cooperate with
the Board by furnishing relevant 
information which the Board may
require.  The Executive Director 
of the Board shall report annually, no later
than February 1, 
to the Board, with copies to the Governor and the General

Assembly, the results of
these inspections and provide other 
related information and
recommendations as it deems proper.

(Source: P.A. 92-84, eff. 7-1-02.)

 
    Section 15. The Intergovernmental Law Enforcement 
Officer's
In-Service Training Act is amended  by changing 
Sections 2, 3, and 4 as follows:
 



    (50 ILCS 720/2)  (from Ch. 85, par. 562)



    Sec. 2. Definitions. 
    "Board" means the Illinois Law Enforcement Training

Standards Board created by the Illinois Police Training Act.

    "Director" means the Executive Director of the Board.

    "Chairman" means the Chairman of the Board.

    "Appointed Member" means a member of the Board appointed by 
the Governor
pursuant to the Illinois Police Training Act and 
designated by the Director
to serve on an Advisory Board.

    "Mobile Team In-Service Training Unit" or "Mobile Team" 
means
an organization formed by a combination of units of local 
government and the
Board and established under this Act to 
deliver in-service training at scheduled times and selected 
sites within a geographic region to (i) local
and State law 
enforcement officers (whether employed on a full-time or

part-time basis) and (ii) retired law enforcement officers 
qualified under federal law to carry a concealed weapon
at 
scheduled times and selected sites within a
geographic region.

    "Advisory Board" means a Board composed of a representative 
number of county
board members, mayors, chiefs of police, and 
sheriffs of participating units of
local government, and the 
Director, Chairman or appointed member of the
Illinois Law 
Enforcement Training Standards Board. The composition and 
number
of each Advisory Board will be determined by the 
participants. Members of the
Advisory Board shall serve without 
compensation but may be reimbursed for
reasonable expenses 
incurred in carrying out their duties.

    "Unit of local government" means a unit of local government 
as
defined in Article VII, Section 1 of the Illinois 
Constitution of 1970 and
includes both home rule units and 
units which are not home rule units.

(Source: P.A. 88-586, eff. 8-12-94; 89-170, eff. 1-1-96.)

 



    (50 ILCS 720/3)  (from Ch. 85, par. 563)



    Sec. 3. Powers and Duties. 

    (a) Powers and Duties of the Advisory Board.


        (1) To incorporate as a general not-for-profit 
    corporation or other
appropriate structure under Illinois 
    law.


        (2) To adopt By-Laws and Operating Procedures.


        (3) To designate a Financial Officer who is an elected 
    local government
official.


        (4) To employ a coordinator and to approve the 
    employment of such other
full or part-time staff as may be 
    required.


        (5) To develop and approve the total budget for the 
    Mobile Team annually.


        (6) To determine equitable formulae for providing the 
    local share of
cost of the Mobile Team, and to assure 
    receipt of such funds from participating
units of local 
    government.


        (7) To oversee the development of training programs, 
    the delivery of
training, and the proper expenditure of 
    funds.


        (8) To carry out such other actions or activities 
    appropriate to the
operation of the Mobile Team including 
    but not limited to contracting for
services and supplies, 
    and purchase of furniture, fixtures, equipment and

    supplies.


        (9) To exercise all other powers and duties as are 
    reasonable to fulfill
its functions in furtherance of the 
    purposes of this Act.

    (b) Powers and Duties of the Illinois Law Enforcement 
Training Standards
Board.


        (1) To act as the State agency participant on each 
    Mobile Team Advisory
Board.


        (2) To act as the State agency to coordinate the 
    actions of Mobile Teams
established in the State.


        (3) To determine that the Mobile Team meets the 
    criteria for the receipt
of funds from the State in 
    accordance with Section 4 of this Act.


        (4) To budget for and authorize quarterly disbursement 
    of State funds
up to 50% of the total approved budget of 
    the eligible Mobile Team.


        (5) To establish such reasonable rules and regulations 
    as the Director
deems necessary to carry out the duties 
    described in this Act, including those relating to the 
    annual certification of retired law enforcement officers 
    qualified under federal law to carry a concealed weapon.

    (c) Powers and Duties of the Coordinator of an Advisory 
Board.


        (1) To manage and coordinate the ongoing operations of 
    the Mobile Team.


        (2) To employ and supervise additional authorized full 
    or part-time staff.


        (3) To arrange for qualified instructors from among the 
    employees of
State, local or federal Departments or 
    agencies wherever practical and to
obtain other 
    instructional services as required.

(Source: P.A. 88-586, eff. 8-12-94.)

 



    (50 ILCS 720/4)  (from Ch. 85, par. 564)



    Sec. 4. State Funding-Minimum Criteria. A Mobile Team 
In-Service Training
Unit which meets the minimum criteria 
established in this Section is eligible
to receive State funds 
to help defray the costs of operation.  To be eligible
a Mobile 
Team must:

    (1) Be established and operating pursuant to the 
Intergovernmental
Cooperation
Section Article VII, Section 10, 
of the Illinois Constitution of 1970 and
must involve two or 
more units of local government including at least one
county 
and the Board.

    (2) Establish an Advisory Board composed of elected local 
officials and
chief law enforcement officers from 
participating units of local government and
the Director, 
Chairman or appointed member of the Board to
oversee the 
operations of the Mobile Team and make such reports to the 
Board
as the Board may require.

    (3) Designate an elected local official to act as the 
financial officer
of the Mobile Team for all participating 
units of government, and to receive
and expend funds for the 
operation of the Mobile Team.

    (4) Limit its operations to in-service training of law 
enforcement personnel
employed by the State, by units of local 
government or by the Federal government or
their agencies and 
departments in the administration of justice or retired law 
enforcement officers qualified under federal law to carry a 
concealed weapon.

    (5) Cooperate with the Board in order to assure compliance 
with this Act
and to enable the Board to fulfill its duties 
under this Act, and to supply
the Board with such information 
as the Board deems necessary therefor.

    (6) Receive funding of up to 50% of the total approved 
budget of the Mobile
Team from the participating units of local 
government.

(Source: P.A. 83-585.)

 

    Section 99. Effective date. This Act takes effect July 1, 
2005.