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| Public Act 096-0472 |
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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 Sections 10-1-12, 10-2.1-6, and 10-2.1-14 as follows:
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(65 ILCS 5/10-1-12) (from Ch. 24, par. 10-1-12)
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Sec. 10-1-12. Register; eligibility list. From the returns | ||||
or reports
of the examiners, or from the examinations made by | ||||
the commission, the
commission shall prepare a register for | ||||
each grade or class of positions in the
classified service of | ||||
such municipality of the persons whose general average
standing | ||||
upon examination for such grade or class is not less than the | ||||
minimum
fixed by the rules of such commission, and who are | ||||
otherwise eligible. Such
persons shall take rank upon the | ||||
register as candidates in the order of their
relative | ||||
excellence as determined by examination, without reference to | ||||
priority
of time of examination.
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Within 60 days after each examination, an eligibility list | ||||
shall be posted
by the Commission, which shall show the final | ||||
grades of the candidates without
reference to priority of time | ||||
of examination and subject to claim for military
credit. | ||||
Candidates who are eligible for military credit shall make a | ||||
claim
in writing within 10 days after posting of the | ||||
eligibility list or such
claim shall be deemed waived. | ||
Appointment shall be subject to a final physical
examination.
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If a person is placed on an eligibility list and becomes | ||
overage before he
or she is appointed to a police or fire | ||
department, the person remains eligible
for appointment until | ||
the list is abolished pursuant to authorized procedures.
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Otherwise no person who has attained the age of 36 years shall | ||
be inducted as a
member of a police department and no person | ||
who has attained the age of 35
years shall be inducted as a | ||
member of a fire department, except as otherwise
provided in | ||
this division. 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.
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(Source: P.A. 89-52, eff. 6-30-95; 90-481, eff. 8-17-97.)
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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. 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.
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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 | ||
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, 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
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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 | ||
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 | ||
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
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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. 94-29, eff. 6-14-05; 94-984, eff. 6-30-06; | ||
95-165, eff. 1-1-08; 95-931, eff. 1-1-09.)
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(65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
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Sec. 10-2.1-14. Register of eligibles. The board of fire | ||
and police
commissioners shall prepare and keep a register of | ||
persons whose general
average standing, upon examination, is | ||
not less than the minimum fixed by the
rules of the board, and | ||
who are otherwise eligible. These persons shall take
rank upon | ||
the register as candidates in the order of their relative | ||
excellence
as determined by examination, without reference to | ||
priority of time of
examination.
The board of fire and police | ||
commissioners may prepare and keep a second register of persons | ||
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. The persons on this list shall take | ||
rank upon the register as candidates in the order of their | ||
relative excellence as determined by members of the board of | ||
fire and police commissioners. Applicants who have been awarded | ||
a certificate attesting to their successful
completion of the | ||
Minimum Standards Basic Law Enforcement Training Course, as
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provided in the Illinois Police Training Act, may be given | ||
preference in
appointment over noncertified applicants. | ||
Applicants for appointment to fire departments who are licensed | ||
as an EMT-B, EMT-I, or EMT-P under the Emergency Medical | ||
Services (EMS) Systems Act, may be given preference in | ||
appointment over non-licensed applicants.
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Within 60 days after each examination, an eligibility list
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shall be posted by the board, which shall show the final grades | ||
of
the candidates without reference to priority of time of | ||
examination
and subject to claim for military credit. | ||
Candidates who are
eligible for military credit shall make a | ||
claim in writing within 10 days after
the posting of the | ||
eligibility list or such claim shall be deemed waived.
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Appointment shall be subject to a final physical examination.
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If a person is placed on an eligibility list and becomes | ||
overage before he
or she is appointed to a police or fire | ||
department, the person remains eligible
for appointment until | ||
the list is abolished pursuant to authorized procedures.
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Otherwise no person who has attained the age of 36 years shall | ||
be inducted as a
member of a police department and no person | ||
who has attained the age of 35
years shall be inducted as a | ||
member of a fire department, except as otherwise
provided in | ||
this division. 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.
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(Source: P.A. 94-281, eff. 1-1-06; 95-931, eff. 1-1-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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