|
|
||||
| Public Act 094-0846 |
||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
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 Section 2 as follows:
| ||||
(50 ILCS 705/2) (from Ch. 85, par. 502)
| ||||
Sec. 2. Definitions. As used in this Act, unless the | ||||
context otherwise
requires:
| ||||
"Board" means the Illinois Law Enforcement Training | ||||
Standards Board.
| ||||
"Local governmental agency" means any local governmental | ||||
unit or
municipal corporation in this State. It does not | ||||
include the State of
Illinois or any office, officer, | ||||
department, division, bureau, board,
commission, or agency of | ||||
the State, except that it does include a
State-controlled | ||||
university, college or public community college.
| ||||
"Police training school" means any school located within | ||||
the State of
Illinois whether privately or publicly owned which | ||||
offers a course in
police or county corrections training and | ||||
has been approved by the Board.
| ||||
"Probationary police officer" means a recruit law | ||||
enforcement officer
required to successfully complete initial | ||||
minimum basic training requirements
at a police training school | ||||
to be eligible for permanent full-time
employment as a local | ||||
law enforcement officer.
| ||||
"Probationary part-time police officer" means a recruit | ||||
part-time law
enforcement officer required to successfully | ||||
complete initial minimum part-time
training requirements to be | ||||
eligible for employment on a part-time basis as a
local law | ||||
enforcement officer.
| ||||
"Permanent police officer" means a law enforcement officer | ||||
who has
completed his or her probationary period and is | ||||
permanently employed on a
full-time basis as a local law | ||
enforcement officer by a participating local
governmental unit | ||
or as a security officer or campus policeman permanently
| ||
employed by a participating State-controlled university, | ||
college, or public
community college.
| ||
"Part-time police officer" means a law enforcement officer | ||
who has
completed his or her probationary period and is | ||
employed on a part-time basis
as a law enforcement officer by a | ||
participating unit of local government or as
a campus policeman | ||
by a participating State-controlled university, college, or
| ||
public community college.
| ||
"Law enforcement officer" means (i) any police officer of a | ||
local governmental
agency who is primarily responsible for
| ||
prevention or detection of crime and the enforcement of the | ||
criminal code,
traffic, or highway laws of this State or any | ||
political subdivision
of this State or (ii) any member of a | ||
police force appointed and maintained as provided in Section 2 | ||
of the Railroad Police Act.
| ||
"Recruit" means any full-time or part-time law
enforcement | ||
officer or
full-time
county corrections officer who is enrolled | ||
in an
approved training course.
| ||
"Probationary county corrections officer" means a recruit | ||
county
corrections officer required to successfully complete | ||
initial minimum basic
training requirements at a police | ||
training school to be eligible for permanent
employment on a | ||
full-time basis as a county corrections officer.
| ||
"Permanent county corrections officer" means a county | ||
corrections
officer who has completed his probationary period | ||
and is permanently employed
on a full-time basis as a county | ||
corrections officer by a participating
local governmental | ||
unit.
| ||
"County corrections officer" means any sworn
officer of the | ||
sheriff who is primarily responsible for the control and | ||
custody
of offenders, detainees or inmates.
| ||
"Probationary court security officer" means a recruit | ||
court security
officer required to successfully complete | ||
initial minimum basic training
requirements at a designated | ||
training school to be eligible for employment as a
court | ||
security officer.
| ||
"Permanent court security officer" means a court security | ||
officer who has
completed his or her probationary period and is | ||
employed as a court
security officer by a participating local | ||
governmental unit.
| ||
"Court security officer" has the meaning ascribed to it in | ||
Section 3-6012.1
of the Counties Code.
| ||
(Source: P.A. 90-271, eff. 7-30-97; 91-357, eff. 7-29-99.)
| ||
Section 10. The Railroad Police Act is amended by changing | ||
Section 2 as follows:
| ||
(610 ILCS 80/2) (from Ch. 114, par. 98)
| ||
Sec. 2. Conductors of all railroad trains, and the captain | ||
or master of any
boat carrying passengers within the | ||
jurisdiction of this state, is vested
with police powers while | ||
on duty on their respective trains and boats, and
may wear an | ||
appropriate badge indicative of such authority.
| ||
In the policing of its properties any registered rail | ||
carrier, as defined in Section 18c-7201 of the Illinois Vehicle | ||
Code,
railroad may provide for the
appointment and maintenance | ||
of such police force as it may find necessary
and practicable | ||
to aid and supplement the police forces of any municipality
in | ||
the protection of its property and the protection of the | ||
persons and
property of its passengers and employees, or | ||
otherwise in furtherance of
the purposes for which such | ||
railroad was organized. While engaged in the
conduct of their | ||
employment, the members of such railroad police force have
and | ||
may exercise like police powers as those conferred upon any | ||
peace officer employed by a law enforcement agency of this | ||
State
the police of
cities.
| ||
Any registered rail carrier that appoints and maintains a | ||
police force shall comply with the following requirements: | ||
(1) Establish an internal policy that includes | ||
procedures to ensure objective oversight in addressing | ||
allegations of abuse of authority or other misconduct on | ||
the part of its police officers. | ||
(2) Adopt appropriate policies and guidelines for | ||
employee investigations by police officers. These policies | ||
and guidelines shall provide for initiating employee | ||
investigations only under the following conditions: | ||
(A) There is reason to believe criminal misconduct | ||
has occurred. | ||
(B) In response to an employee accident. | ||
(C) There is reason to believe that the interview | ||
of an employee could result in workplace violence. | ||
(D) There is a legitimate concern for the personal | ||
safety of one or more employees. | ||
These policies and guidelines shall provide for the | ||
right of an employee to request a representative to be | ||
present during any interview concerning a non-criminal | ||
matter. | ||
(3) File copies of the policies and guidelines adopted | ||
under paragraphs (1) and (2) with the Illinois Law | ||
Enforcement Training Standards Board, which shall make | ||
them available for public inspection. | ||
(Source: Laws 1968, p. 198.)
| ||
Section 15. The Criminal Code of 1961 is amended by | ||
changing Section 2-13 as follows:
| ||
(720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
| ||
Sec. 2-13. "Peace officer". "Peace officer" means (i) any | ||
person who by
virtue of his office or public
employment is | ||
vested by law with a duty to maintain public order or to make
| ||
arrests for offenses, whether that duty extends to all offenses | ||
or is
limited to specific offenses, or (ii) any person who, by | ||
statute, is granted and authorized to exercise powers similar | ||
to those conferred upon any peace officer employed by a law | ||
enforcement agency of this State.
| ||
For purposes of Sections concerning unlawful use of | ||
weapons,
for the purposes of assisting an Illinois peace | ||
officer in an arrest, or when
the commission of a felony under | ||
Illinois law is directly observed by the
person, then officers, | ||
agents or employees of the federal government
commissioned by
| ||
federal statute to make arrests for violations of federal | ||
criminal laws
shall be considered "peace officers" under this | ||
Code, including, but not
limited to all criminal investigators | ||
of:
| ||
(1) The United States Department of Justice, The Federal | ||
Bureau of
Investigation, The Drug Enforcement Agency and The | ||
Department of
Immigration and Naturalization;
| ||
(2) The United States Department of the Treasury, The | ||
Secret Service,
The Bureau of Alcohol, Tobacco and Firearms and | ||
The Customs Service;
| ||
(3) The United States Internal Revenue Service;
| ||
(4) The United States General Services Administration;
| ||
(5) The United States Postal Service; and
| ||
(6) all United States Marshals
Marshalls or Deputy United | ||
States Marshals
Marshalls whose
duties involve the enforcement | ||
of federal criminal laws.
| ||
(Source: P.A. 88-677, eff. 12-15-94; revised 10-13-05.)
| ||
Section 20. The Code of Criminal Procedure of 1963 is | ||
amended by changing Section 107-4 as follows:
| ||
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
| ||
Sec. 107-4. Arrest by peace officer from other | ||
jurisdiction.
| ||
(a) As used in this Section:
| ||
(1) "State" means any State of the United States and | ||
the District of
Columbia.
| ||
(2) "Peace Officer" means any peace officer or member | ||
of any duly
organized State, County, or Municipal peace | ||
unit, any
or police force of another
State, or any police | ||
force whose members, by statute, are granted and authorized | ||
to exercise powers similar to those conferred upon any | ||
peace officer employed by a law enforcement agency of this | ||
State.
| ||
(3) "Fresh pursuit" means the immediate pursuit of a | ||
person who is
endeavoring to avoid arrest.
| ||
(4) "Law enforcement agency" means a municipal police | ||
department or
county
sheriff's office of this State.
| ||
(a-3) Any peace officer employed by a law enforcement | ||
agency of this State
may conduct temporary questioning pursuant | ||
to Section 107-14 of this Code and
may make arrests in any | ||
jurisdiction within this State if: (1) the officer is
engaged | ||
in the investigation of an offense that occurred in the | ||
officer's
primary jurisdiction and the temporary questioning | ||
is conducted or the arrest
is made pursuant to that | ||
investigation; or (2) the officer, while on duty as a
peace | ||
officer, becomes personally aware of the immediate commission | ||
of a felony
or misdemeanor violation of the laws of this State; | ||
or (3)
the officer, while on duty as a peace officer, is | ||
requested by an
appropriate State or local law enforcement | ||
official to render aid or
assistance to the requesting law | ||
enforcement agency that is outside the
officer's primary | ||
jurisdiction. While acting pursuant to this subsection, an
| ||
officer has the same authority as within his or her
own | ||
jurisdiction.
| ||
(a-7) The law enforcement agency of the county or | ||
municipality in which any
arrest is made under this Section | ||
shall be immediately notified of the
arrest.
| ||
(b) Any peace officer of another State who enters this | ||
State in
fresh
pursuit and continues within this State in fresh | ||
pursuit of a person in
order to arrest him on the ground that | ||
he has committed an offense in the
other State has the same | ||
authority to arrest and hold the person in custody
as peace | ||
officers of this State have to arrest and hold a person in | ||
custody
on the ground that he has committed an offense in this | ||
State.
| ||
(c) If an arrest is made in this State by a peace officer | ||
of
another
State in accordance with the provisions of this | ||
Section he shall without
unnecessary delay take the person | ||
arrested before the circuit court of the
county in which the | ||
arrest was made. Such court shall conduct a hearing for
the | ||
purpose of determining the lawfulness of the arrest. If the | ||
court
determines that the arrest was lawful it shall commit the | ||
person arrested,
to await for a reasonable time the issuance of | ||
an extradition warrant by
the Governor of this State, or admit | ||
him to bail for such purpose. If the
court determines that the | ||
arrest was unlawful it shall discharge the person
arrested.
| ||
(Source: P.A. 93-232, eff. 1-1-04.)
| ||