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91_SB1571
LRB9112749REmbA
1 AN ACT concerning municipal officers and firearms.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 changing Section 3.1-15-25 as follows:
6 (65 ILCS 5/3.1-15-25) (from Ch. 24, par. 3.1-15-25)
7 Sec. 3.1-15-25. Conservators of the peace; service of
8 warrants.
9 (a) After receiving a certificate attesting to the
10 successful completion of a training course administered by
11 the Illinois Law Enforcement Training Standards Board, the
12 mayor, aldermen, president, trustees, marshal, deputy
13 marshals, and policemen in municipalities shall be
14 conservators of the peace. Those persons and others
15 authorized by ordinance shall have power (i) to arrest or
16 cause to be arrested, with or without process, all persons
17 who break the peace or are found violating any municipal
18 ordinance or any criminal law of the State, (ii) to commit
19 arrested persons for examination, (iii) if necessary, to
20 detain arrested persons in custody over night or Sunday in
21 any safe place or until they can be brought before the proper
22 court, and (iv) to exercise all other powers as conservators
23 of the peace prescribed by the corporate authorities.
24 (a-5) The mayor, president, aldermen, trustees, and
25 commissioners in municipalities, however, shall not be deemed
26 peace, police, or law enforcement officers and do not have
27 any authority by virtue of holding any of those offices or by
28 virtue of being conservators of the peace to possess, carry,
29 or use any firearm. This subsection (a-5) applies
30 notwithstanding any other law to the contrary. This
31 subsection (a-5) applies to all municipalities, whether home
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1 rule or non-home rule, and to all such officers elected or
2 appointed under this Code, under the Revised Cities and
3 Villages Act of 1941, or under any other law. The regulation
4 of possessing, carrying, and using firearms by such officers
5 as provided in this subsection (a-5) is an exclusive power
6 and function of the State. This subsection (a-5) is a denial
7 and limitation of home rule powers and functions under
8 subsection (h) of Section 6 of Article VII of the Illinois
9 Constitution.
10 (b) All warrants for the violation of municipal
11 ordinances or the State criminal law, directed to any person,
12 may be served and executed within the limits of a
13 municipality by any policeman or marshal of the municipality.
14 For that purpose, policemen and marshals have all the common
15 law and statutory powers of sheriffs.
16 (Source: P.A. 90-540, eff. 12-1-97.)
17 Section 10. The Criminal Code of 1961 is amended by
18 changing Section 2-13 as follows:
19 (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
20 Sec. 2-13. "Peace officer". "Peace officer" means any
21 person who by virtue of his office or public employment is
22 vested by law with a duty to maintain public order or to make
23 arrests for offenses, whether that duty extends to all
24 offenses or is limited to specific offenses.
25 "Peace officer" does not include, however, a conservator
26 of the peace under Section 3.1-15-25 of the Illinois
27 Municipal Code.
28 For purposes of Sections concerning unlawful use of
29 weapons, for the purposes of assisting an Illinois peace
30 officer in an arrest, or when the commission of a felony
31 under Illinois law is directly observed by the person, then
32 officers, agents or employees of the federal government
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1 commissioned by federal statute to make arrests for
2 violations of federal criminal laws shall be considered
3 "peace officers" under this Code, including, but not limited
4 to all criminal investigators of:
5 (1) The United States Department of Justice, The Federal
6 Bureau of Investigation, The Drug Enforcement Agency and The
7 Department of Immigration and Naturalization;
8 (2) The United States Department of the Treasury, The
9 Secret Service, The Bureau of Alcohol, Tobacco and Firearms
10 and The Customs Service;
11 (3) The United States Internal Revenue Service;
12 (4) The United States General Services Administration;
13 (5) The United States Postal Service; and
14 (6) all United States Marshalls or Deputy United States
15 Marshalls whose duties involve the enforcement of federal
16 criminal laws.
17 (Source: P.A. 88-677, eff. 12-15-94.)