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 |  | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB1065   Introduced , by Rep. Michael J. Madigan  SYNOPSIS AS INTRODUCED:
 |   |   20 ILCS 2910/1 |  from Ch. 127 1/2, par. 501 |   
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 Amends the Peace Officer Fire Investigation Act. Makes a technical change
in a Section concerning peace officer status.
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 |   |      A BILL FOR |  
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 |  | HB1065 |  | LRB100 01870 MJP 11875 b |  
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| 1 |  |  AN ACT concerning State government.
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| 2 |  |  Be it enacted by the People of the State of Illinois,  | 
| 3 |  | represented in the General Assembly: 
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| 4 |  |  Section 5. The Peace Officer Fire Investigation Act is  | 
| 5 |  | amended by changing Section 1 as follows:
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| 6 |  |  (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
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| 7 |  |  Sec. 1. Peace officer status. 
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| 8 |  |  (a) Any person who is a sworn member of any
organized and
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| 9 |  | and paid fire department of a political subdivision of this  | 
| 10 |  | State
and is authorized to investigate fires or explosions for  | 
| 11 |  | such political
subdivision and
to determine the cause, origin  | 
| 12 |  | and circumstances of fires or explosions
that are suspected to  | 
| 13 |  | be arson or arson-related crimes, may be classified
as a peace  | 
| 14 |  | officer by the political subdivision or agency employing such
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| 15 |  | person. A person so classified shall possess the same powers of  | 
| 16 |  | arrest,
search and seizure and the securing and service of  | 
| 17 |  | warrants as sheriffs
of counties, and police officers within  | 
| 18 |  | the jurisdiction of their political
subdivision. While in the  | 
| 19 |  | actual investigation and matters incident thereto,
such person  | 
| 20 |  | may carry weapons as may be necessary, but only if that person  | 
| 21 |  | has
satisfactorily completed (1) a training program offered or  | 
| 22 |  | approved by the
Illinois Law Enforcement Training Standards  | 
| 23 |  | Board which substantially conforms
to standards promulgated  | 
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| 1 |  | pursuant to the Illinois Police Training Act and the Peace  | 
| 2 |  | Officer and Probation Officer Firearm Training Act; and (2) a  | 
| 3 |  | course in fire and arson investigation approved by the
Office  | 
| 4 |  | of the State Fire Marshal pursuant to the Illinois Fire  | 
| 5 |  | Protection
Training Act. Such training need not include  | 
| 6 |  | exposure to vehicle and traffic
law, traffic control and  | 
| 7 |  | accident investigation, or first aid, but shall
include  | 
| 8 |  | training in the law relating to the rights of persons suspected  | 
| 9 |  | of
involvement in criminal activities. | 
| 10 |  |  Any person granted the powers enumerated in this subsection  | 
| 11 |  | (a) may exercise such
powers only during the actual  | 
| 12 |  | investigation of the cause, origin and
circumstances of such  | 
| 13 |  | fires or explosions that are suspected to be arson or
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| 14 |  | arson-related crimes.
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| 15 |  |  (b) Persons employed by the Office of the State Fire  | 
| 16 |  | Marshal to conduct arson investigations shall be designated  | 
| 17 |  | State Fire Marshal Arson Investigator Special Agents and shall  | 
| 18 |  | be peace officers with all of the powers of peace officers in  | 
| 19 |  | cities and sheriffs in counties, except that they may exercise  | 
| 20 |  | those powers throughout the State. These Special Agents may  | 
| 21 |  | exercise these powers only when engaging in official duties  | 
| 22 |  | during the actual investigation of the cause, origin, and
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| 23 |  | circumstances of such fires or explosions that are suspected to  | 
| 24 |  | be arson or
arson-related crimes and may carry weapons at all  | 
| 25 |  | times, but only if they have satisfactorily completed (1) a  | 
| 26 |  | training course approved by the Illinois Law Enforcement  | 
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| 1 |  | Training Standards Board that substantially conforms to the  | 
| 2 |  | standards promulgated pursuant to the Peace Officer and  | 
| 3 |  | Probation Officer Firearm Training Act and (2) a course in fire  | 
| 4 |  | and arson investigation approved by the
Office of the State  | 
| 5 |  | Fire Marshal pursuant to the Illinois Fire Protection
Training  | 
| 6 |  | Act. Such training need not include exposure to vehicle and  | 
| 7 |  | traffic
law, traffic control and accident investigation, or  | 
| 8 |  | first aid, but shall
include training in the law relating to  | 
| 9 |  | the rights of persons suspected of
involvement in criminal  | 
| 10 |  | activities. | 
| 11 |  |  For purposes of this subsection (b), a "State Fire Marshal  | 
| 12 |  | Arson Investigator Special Agent" does not include any fire  | 
| 13 |  | investigator, fireman, police officer, or other employee of the  | 
| 14 |  | federal government; any fire investigator, fireman, police  | 
| 15 |  | officer, or other employee of any unit of local government; or  | 
| 16 |  | any fire investigator, fireman, police officer, or other  | 
| 17 |  | employee of the State of Illinois other than an employee of the  | 
| 18 |  | Office of the State Fire Marshal assigned to investigate arson.
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| 19 |  |  The State Fire Marshal must authorize to each employee of  | 
| 20 |  | the Office
of the State Fire Marshal who is exercising the  | 
| 21 |  | powers of a peace officer a
distinct badge that, on its face,  | 
| 22 |  | (i) clearly states that the badge is
authorized by the Office  | 
| 23 |  | of the State Fire Marshal and (ii) contains a unique
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| 24 |  | identifying number. No other badge shall be authorized by the  | 
| 25 |  | Office of the
State Fire Marshal, except that a badge,  | 
| 26 |  | different from the badge issued to
peace officers, may be  | 
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| 1 |  | authorized by the Office of the State Fire Marshal for
the use  | 
| 2 |  | of fire prevention inspectors employed by that Office.
Nothing  | 
| 3 |  | in this subsection prohibits the State Fire Marshal from  | 
| 4 |  | issuing
shields or other distinctive identification to  | 
| 5 |  | employees not exercising the
powers of a peace officer if the  | 
| 6 |  | State Fire Marshal determines that a shield or
distinctive  | 
| 7 |  | identification is needed by the employee to carry out his or  | 
| 8 |  | her
responsibilities.
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| 9 |  | (Source: P.A. 98-725, eff. 1-1-15.)
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