Public Act 098-0743
 
HB5688 EnrolledLRB098 17408 RLC 52508 b


  
    AN ACT concerning law enforcement officers.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
 
    Section 1. Short title.  This Act may be cited as the Law 
Enforcement Officer Bulletproof Vest Act.
 
    Section 5. Definitions. As used in this Act:
    "Armor vest" or "bulletproof vest" means body armor, no 
less than
        Type I, which has been tested through the voluntary 
compliance
        testing program operated by the National Law 
Enforcement and
        Corrections Technology Center of the National 
Institute of
        Justice, and found to meet or exceed the 
requirements of
        National Institute of Justice  Standard 
0101.03, or any subsequent revision of that
        standard. 
    "Law enforcement agency" means an agency of this State or 
unit of local government
which is vested by law or ordinance 
with the duty to maintain public order
and to enforce criminal 
laws or ordinances.
    "Law enforcement officer" means any officer,
        agent, or 
employee of this State or a  unit of local government authorized 
by law or by a government agency

to engage in or supervise the 
prevention, detection, or
        investigation of any violation of 
criminal law, or authorized by
        law to supervise sentenced 
criminal offenders.
    "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.
 
    Section 10. Law enforcement agencies to provide 
bulletproof vests for officers.
    (a)  Each law enforcement agency within this State shall 
provide a bulletproof vest for every law enforcement officer of 
that agency who is employed as a new recruit by that agency on 
or after the effective date of this Act as part of the 
officer's initial equipment issue.
    (b)  All officer bulletproof vests shall be replaced before 
or at the expiration of the warranty period of the vest at the 
expense of the law enforcement agency.
    (c)  The State or unit of local government which has 
jurisdiction over the law enforcement agency shall apply to the 
United States Department of Justice under the Bulletproof Vest 
Partnership Grant Act of 1998 or a successor Act for matching 
grants of the purchase price of the bulletproof vests for the 
officers of the law enforcement agency.
    (d) If the law enforcement agency is a local law 
enforcement agency and not a State agency, the costs of 
purchasing the bulletproof vests shall be from State funds and 
from the funds of the unit of local government, including the 
matching grants received from the  United States Department of 
Justice.
 
    Section 15. Applicability. If substantial funding for the 
purchase of bulletproof vests is provided
to law enforcement 
agencies by the federal government and State government, the 
law
enforcement agency shall comply with the provisions of this 
Act. This Act does not apply to a
law enforcement agency if any 
one of the following is applicable:
    (1) substantial funding, as determined by the Illinois Law 
Enforcement Training
Standards Board, is not provided to that 
agency by the federal and State
government;
    (2) the law enforcement agency collectively bargains with 
its officers or exclusive
representative of the officers for 
uniform allowances, and bulletproof vests are
considered to be 
a part of the uniform for which the allowance is given; or
    (3) the law enforcement agency collectively bargains with 
its officers or exclusive
representative of the officers for 
the provision of bulletproof vests.


 
    Section 905. The Illinois Police Training Act is amended  by 
changing Section 9 as follows:
 



    (50 ILCS 705/9)  (from Ch. 85, par. 509)



    Sec. 9. 
A special fund is hereby established in the State 
Treasury to
be known as "The Traffic and Criminal Conviction 
Surcharge Fund" and shall
be financed as provided in Section 
9.1 of this Act and Section 5-9-1 of the
"Unified Code of 
Corrections", unless the fines, costs or additional
amounts 
imposed are subject to disbursement by the circuit clerk under

Section 27.5 of the Clerks of Courts Act. Moneys in this Fund 
shall be
expended as follows:


        (1) A portion of the total amount deposited in the Fund 
    may be used, as
appropriated by the General Assembly, for 
    the ordinary and contingent expenses
of the Illinois Law 
    Enforcement Training Standards Board;


        (2) A portion of the total amount deposited in the Fund

    shall be appropriated for the reimbursement of local 
    governmental agencies
participating in training programs 
    certified by the Board, in an amount
equaling 1/2 of the 
    total sum paid by such agencies during the State's previous

    fiscal year for mandated training for probationary police 
    officers or
probationary county corrections officers and 
    for optional advanced and
specialized law enforcement or 
    county corrections training. These
reimbursements may 
    include the costs for tuition at training schools, the

    salaries of trainees while in schools, and the necessary 
    travel and room
and board expenses for each trainee. If the 
    appropriations under this
paragraph (2) are not sufficient 
    to fully reimburse the participating local
governmental 
    agencies, the available funds shall be apportioned among 
    such
agencies, with priority first given to repayment of 
    the costs of mandatory
training given to law enforcement 
    officer or county corrections officer
recruits, then to 
    repayment of costs of advanced or specialized training
for 
    permanent police officers or permanent county corrections 
    officers;


        (3) A portion of the total amount deposited in the Fund 
    may be used to
fund the "Intergovernmental Law Enforcement 
    Officer's In-Service Training
Act", veto overridden 
    October 29, 1981, as now or hereafter amended, at
a rate 
    and method to be determined by the board;


        (4) A portion of the Fund also may be used by the 
    Illinois Department
of State Police for expenses incurred 
    in the training of employees from
any State, county or 
    municipal agency whose function includes enforcement
of 
    criminal or traffic law;


        (5) A portion of the Fund may be used by the Board to 
    fund grant-in-aid
programs and services for the training of 
    employees from any county or
municipal agency whose 
    functions include corrections or the enforcement of

    criminal or traffic
law; and

        (6) For fiscal years 2013 and 2014 only, a portion of 
    the Fund also may be used by the
    Department of State Police 
    to finance any of its lawful purposes or functions; and . 
        (7) A portion of the Fund may be used by the Board, 
    subject to appropriation, to administer grants to local law 
    enforcement agencies for the purpose of purchasing 
    bulletproof vests under the Law Enforcement Officer 
    Bulletproof Vest Act. 
    All payments from the Traffic and Criminal Conviction 
Surcharge Fund shall
be made each year from moneys appropriated 
for the purposes specified in
this Section. No more than 50% of 
any appropriation under this Act shall be
spent in any city 
having a population of more than 500,000. The State
Comptroller 
and the State Treasurer shall from time to time, at the

direction of the Governor, transfer from the Traffic and 
Criminal
Conviction Surcharge Fund to the General Revenue Fund 
in the State Treasury
such amounts as the Governor determines 
are in excess of the amounts
required to meet the obligations 
of the Traffic and Criminal Conviction
Surcharge Fund.

(Source: P.A. 97-732, eff. 6-30-12; 98-24, eff. 6-19-13.)