Sen. John G. Mulroe
Filed: 5/12/2014
 
 


 




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1
AMENDMENT TO HOUSE BILL 4417 




2 AMENDMENT NO. ______. Amend House Bill 4417 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Police Training Act is amended by 
5changing Sections 2 and 10.4 as follows:




6 (50 ILCS 705/2) (from Ch. 85, par. 502)



7 Sec. 2. Definitions. As used in this Act, unless the 
8context otherwise
requires:

9 "Board" means the Illinois Law Enforcement Training 
10Standards Board.

11 "Local governmental agency" means any local governmental 
12unit or
municipal corporation in this State. It does not 
13include the State of
Illinois or any office, officer, 
14department, division, bureau, board,
commission, or agency of 
15the State, except that it does include a
State-controlled 
16university, college or public community college.

 
 
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1 "Police training school" means any school located within 
2the State of
Illinois whether privately or publicly owned which 
3offers a course in
police or county corrections training and 
4has been approved by the Board.

5 "Probationary police officer" means a recruit law 
6enforcement officer
required to successfully complete initial 
7minimum basic training requirements
at a police training school 
8to be eligible for permanent full-time
employment as a local 
9law enforcement officer.

10 "Probationary part-time police officer" means a recruit 
11part-time law
enforcement officer required to successfully 
12complete initial minimum part-time
training requirements to be 
13eligible for employment on a part-time basis as a
local law 
14enforcement officer.

15 "Permanent police officer" means a law enforcement officer 
16who has
completed his or her probationary period and is 
17permanently employed on a
full-time basis as a local law 
18enforcement officer by a participating local
governmental unit 
19or as a security officer or campus policeman permanently

20employed by a participating State-controlled university, 
21college, or public
community college.

22 "Part-time police officer" means a law enforcement officer 
23who has
completed his or her probationary period and is 
24employed on a part-time basis
as a law enforcement officer by a 
25participating unit of local government or as
a campus policeman 
26by a participating State-controlled university, college, or

 
 
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1public community college.

2 "Law enforcement officer" means (i) any police officer of a 
3local governmental
agency who is primarily responsible for

4prevention or detection of crime and the enforcement of the 
5criminal code,
traffic, or highway laws of this State or any 
6political subdivision
of this State or (ii) any member of a 
7police force appointed and maintained as provided in Section 2 
8of the Railroad Police Act.

9 "Recruit" means any full-time or part-time law
enforcement 
10officer or
full-time
county corrections officer who is enrolled 
11in an
approved training course.

12 "Probationary county corrections officer" means a recruit 
13county
corrections officer required to successfully complete 
14initial minimum basic
training requirements at a police 
15training school to be eligible for permanent
employment on a 
16full-time basis as a county corrections officer.

17 "Permanent county corrections officer" means a county 
18corrections
officer who has completed his probationary period 
19and is permanently employed
on a full-time basis as a county 
20corrections officer by a participating
local governmental 
21unit.

22 "County corrections officer" means any sworn
officer of the 
23sheriff who is primarily responsible for the control and 
24custody
of offenders, detainees or inmates.

25 "Probationary court security officer" means a recruit 
26court security
officer required to successfully complete 
 
 
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1initial minimum basic training
requirements at a designated 
2training school to be eligible for employment as a
court 
3security officer.

4 "Permanent court security officer" means a court security 
5officer who has
completed his or her probationary period and is 
6employed as a court
security officer by a participating local 
7governmental unit.

8 "Court security officer" has the meaning ascribed to it in 
9Section 3-6012.1
of the Counties Code.

10 "Probation officer" means a county probation officer 
11authorized by the Chief Judge of the Circuit Court to carry a 
12firearm as part of his or her duties under Section 12 of the 
13Probation and Probation Officers Act, and whose functions shall 
14include the enforcement of the Illinois Vehicle Code, the 
15Criminal Code of 2012, and the Juvenile Court Act of 1987, and 
16the monitoring of offenders charged thereunder. 
17(Source: P.A. 94-846, eff. 1-1-07.)


18 (50 ILCS 705/10.4)
19 Sec. 10.4. Weapon certification for retired law 
20enforcement officers; probation officers. The Board may 
21initiate, administer, and conduct annual firearm certification 
22courses consistent with the requirements enumerated in the 
23Peace Officer Firearm Training Act for retired law enforcement 
24officers qualified under federal law to carry a concealed 
25weapon and for probation officers.

 
 
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1(Source: P.A. 94-103, eff. 7-1-05.)

2 Section 10. The Peace Officer Firearm Training Act is 
3amended by changing Section 1 as follows:




4 (50 ILCS 710/1) (from Ch. 85, par. 515)



5 Sec. 1. Definitions. As used in this Act: 
6 (a) "Peace officer"
means (i) any person who by virtue of 
7his office or public employment is
vested by law with a primary 
8duty to maintain public order or to make
arrests for offenses, 
9whether that duty extends to all offenses or is
limited to 
10specific offenses, and who is employed in such capacity by any

11county or municipality; or (ii) any retired law enforcement 
12officers qualified under federal law to carry a concealed 
13weapon; or (iii) any probation officer as defined under Section 
142 of the Illinois Police Training Act. 
15 (b)
"Firearms" means any weapon or device defined as a 
16firearm in Section
1.1 of "An Act relating to the acquisition, 
17possession and transfer of
firearms and firearm ammunition, to 
18provide a penalty for the violation
thereof and to make an 
19appropriation in connection therewith", approved
August 3, 
201967, as amended.

21(Source: P.A. 94-103, eff. 7-1-05.)


22 Section 15. The Probation and Probation Officers Act is 
23amended by changing Section 9b and adding Section 17 as 
 
 
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1follows:




2 (730 ILCS 110/9b) (from Ch. 38, par. 204-1b)



3 Sec. 9b. 
For the purposes of this Act, the words and 
4phrases
described in this Section have the meanings designated 
5in this Section,
except when a particular context clearly 
6requires a different meaning.

7 (1) "Division" means the Division of Probation
Services of 
8the
Supreme Court.

9 (2) "Department" means a probation or court
services 
10department that
provides probation or court services and such

11other related services
assigned to it by the circuit court or 
12by law.

13 (3) "Probation Officer" means a person
employed full time 
14in a probation
or court services department providing services 
15to a court under this Act
or the Juvenile Court Act of 1987. A 
16probation
officer includes detention
staff, non-secure group 
17home staff and management personnel who meet
minimum standards 
18established by the Supreme
Court and who are hired under the 
19direction of the circuit court. These
probation officers are 
20judicial employees
designated on a circuit wide or
county basis 
21and compensated by the appropriate county board or boards.

22 (4) "Basic Services" means the number of personnel 
23determined by the
Division as necessary to comply with adult, 
24juvenile, and
detention services workload standards
and to 
25operate authorized programs of intermediate sanctions, 
 
 
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1intensive
probation
supervision,
public or community service, 
2intake services, secure detention services,
non-secure group 
3home services and home confinement.

4 (5) "New or Expanded Services" means personnel necessary to 
5operate
pretrial programs, victim and restitution programs, 
6psychological services,
drunk driving programs, specialized 
7caseloads, community resource
coordination programs, and other 
8programs designed to generally improve the
quality of probation 
9and court services.

10 (6) "Individualized Services and Programs" means 
11individualized services
provided through purchase of service 
12agreements with individuals,
specialists, and local public or 
13private agencies providing non-residential
services for the 
14rehabilitation of adult and juvenile offenders as an

15alternative to local or state incarceration.

16 (7) "Jurisdiction" means the geographical area of 
17authority of a
probation department as designated by the chief 
18judge of
each circuit court under Section 15 of this Act.

19 (8) "Transfer case" means any case where an adult or 
20juvenile offender seeks to have supervision transferred from 
21one county to another or from another state to a county in 
22Illinois, and the transfer is approved by a judicial officer, a 
23department, or through an interstate compact. 
24 (9) "Pretrial services" means the services and programs 
25established by a circuit court within a Probation and Court 
26Services Department under the Pretrial Services Act. 
 
 
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1(Source: P.A. 98-575, eff. 1-1-14.)


2 (730 ILCS 110/17 new)
3 Sec. 17. Authorization to carry weapons. Probation 
4officers may only carry weapons while in the performance of 
5their official duties, or while commuting between their homes, 
6places of employment, or specific locations that are part of 
7their assigned duties, provided they have received the prior 
8consent of the Chief Judge of the Circuit Court for which they 
9are employed, and they have received weapons training according 
10to requirements of the Peace Officer Firearm Training Act.


11 Section 99. Effective date. This Act takes effect upon 
12becoming law.".