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91_SB1571eng SB1571 Engrossed 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 SB1571 Engrossed -2- LRB9112749REmbA 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 SB1571 Engrossed -3- LRB9112749REmbA 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.)