(20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
Sec. 1. Peace officer status.
(a) Any person who is a sworn member of any
organized and paid fire department of a political subdivision of this State
and is authorized to investigate fires or explosions for such political
subdivision and
to determine the cause, origin and circumstances of fires or explosions
that are suspected to be arson or arson-related crimes, may be classified
as a peace officer by the political subdivision or agency employing such
person. A person so classified shall possess the same powers of arrest,
search and seizure and the securing and service of warrants as sheriffs
of counties, and police officers within the jurisdiction of their political
subdivision. While in the actual investigation and matters incident thereto,
such person may carry weapons as may be necessary, but only if that person has
satisfactorily completed (1) a training program offered or approved by the
Illinois Law Enforcement Training Standards Board which substantially conforms
to standards promulgated pursuant to the Illinois Police Training Act and the Peace Officer and Probation Officer Firearm Training Act; and (2) a course in fire and arson investigation approved by the
Office of the State Fire Marshal pursuant to the Illinois Fire Protection
Training Act. Such training need not include exposure to vehicle and traffic
law, traffic control and crash investigation, or first aid, but shall
include training in the law relating to the rights of persons suspected of
involvement in criminal activities.
Any person granted the powers enumerated in this subsection (a) may exercise such
powers only during the actual investigation of the cause, origin and
circumstances of such fires or explosions that are suspected to be arson or
arson-related crimes.
(b) Persons employed by the Office of the State Fire Marshal to conduct arson investigations shall be designated State Fire Marshal Arson Investigator Special Agents and shall be peace officers with all of the powers of peace officers in cities and sheriffs in counties, except that they may exercise those powers throughout the State. These Special Agents may exercise these powers only when engaging in official duties during the actual investigation of the cause, origin, and
circumstances of such fires or explosions that are suspected to be arson or
arson-related crimes and may carry weapons at all times, but only if they have satisfactorily completed (1) a training course approved by the Illinois Law Enforcement Training Standards Board that substantially conforms to the standards promulgated pursuant to the Peace Officer and Probation Officer Firearm Training Act and (2) a course in fire and arson investigation approved by the
Office of the State Fire Marshal pursuant to the Illinois Fire Protection
Training Act. Such training need not include exposure to vehicle and traffic
law, traffic control and crash investigation, or first aid, but shall
include training in the law relating to the rights of persons suspected of
involvement in criminal activities. For purposes of this subsection (b), a "State Fire Marshal Arson Investigator Special Agent" does not include any fire investigator, fireman, police officer, or other employee of the federal government; any fire investigator, fireman, police officer, or other employee of any unit of local government; or any fire investigator, fireman, police officer, or other employee of the State of Illinois other than an employee of the Office of the State Fire Marshal assigned to investigate arson.
The State Fire Marshal must authorize to each employee of the Office
of the State Fire Marshal who is exercising the powers of a peace officer a
distinct badge that, on its face, (i) clearly states that the badge is
authorized by the Office of the State Fire Marshal and (ii) contains a unique
identifying number. No other badge shall be authorized by the Office of the
State Fire Marshal, except that a badge, different from the badge issued to
peace officers, may be authorized by the Office of the State Fire Marshal for
the use of fire prevention inspectors employed by that Office.
Nothing in this subsection prohibits the State Fire Marshal from issuing
shields or other distinctive identification to employees not exercising the
powers of a peace officer if the State Fire Marshal determines that a shield or
distinctive identification is needed by the employee to carry out his or her
responsibilities.
(c) The Office of the State Fire Marshal shall establish a policy to allow a State Fire Marshal Arson Investigator Special Agent who is honorably retiring or separating in good standing to purchase either one or both of the following: (i) any badge previously issued to that State Fire Marshal Arson Investigator Special Agent; or (ii) if the State Fire Marshal Arson Investigator Special Agent has a currently valid Firearm Owner's Identification Card, the service firearm issued or previously issued to the State Fire Marshal Arson Investigator Special Agent by the Office of the State Fire Marshal. The cost of the firearm purchased shall be the replacement value of the firearm and not the firearm's fair market value. All funds received by the agency under this program shall be deposited into the Fire Prevention Fund. (Source: P.A. 102-982, eff. 7-1-23.)
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