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| Public Act 098-0510 | ||||
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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. 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 11-1.50, 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 subsections (1), (6) and (8) | ||
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
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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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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 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. | ||
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.
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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 11-1.50, 11-6, 11-7, | ||
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
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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 | ||
subsections (1), (6) and (8) 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.
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(Source: P.A. 96-472, eff. 8-14-09; 96-1551, eff. 7-1-11; | ||
97-1150, eff. 1-25-13.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||