Who sponsors SB 1458?

SB 1458 is sponsored by Don Harmon (Democrat).

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Illinois 93rd Regular Session Status: Enacted 1 D cosponsors

SB 1458 — PROBATION OFFICER-PEACE OFF

Last action August 21, 2003 — Public Act . . . . . . . . . 93-0576

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Introduced
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In Committee
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Passed Senate
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Passed House
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To Executive
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Enacted

This bill has been enacted into law. Introduced February 20, 2003. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

Enacted

Current position in the legislative process.
1 sponsor

0 primary, 1 co-sponsors signed on.
Single-party support

Sponsorship is currently within one party (1 D).
Cleared a recorded vote

Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Juvenile Court Act of 1987. Provides that for purposes of that Act only, probation officers shall be considered peace officers. Provides that in the exercise of their official duties, probation officers, sheriffs, and police officers may, anywhere within the State, arrest any minor who is in violation of any conditions of his or her probation, continuance under supervision, or informal supervision. Provides that it is the duty of the officer making the arrest to take the minor before the court having jurisdiction over the minor for further action. Amends the Probation and Probation Officers Act. Provides that for purposes of that Act only, probation officers shall be considered peace officers (rather than peace officers in the exercise of their official duties). Provides that in the exercise of their official duties, probation officers, sheriffs, and police officers may arrest a probationer who is in violation of the conditions of his or her conditional discharge or supervision as well as in violation of his or her probation.

Bill Text

What changed in the latest version

11 added · 11 removed

Plain-language change summary

The latest version of SB 1458 has added certain lines that do not change the content or meaning of the bill but are likely included for improved clarity and organization. This change matters because clear legislation helps ensure that everyone, including lawmakers and the public, understands the intention and requirements of the bill, reducing confusion and misunderstandings.

SB1458 ~~Engrossed~~Enrolled LRB093 03568 RLC 03597 b AN ACT in relation to criminal law.

However, no such investigation, evaluation or supervision by such SB1458 ~~Engrossed~~Enrolled -2- LRB093 03568 RLC 03597 b court services or probation department is to occur with regard to complaints indicating only that a minor may be a chronic or habitual truant.

(g) To perform such other services as may be appropriate to effectuate the purposes of this Act or as SB1458 ~~Engrossed~~Enrolled -3- LRB093 03568 RLC 03597 b may be directed by any order of court made under this Act.

7-29-99.) Section ~~10.~~6.

The Criminal Code of 1961 is amended by changing Section 24-2 as follows:

(720 ILCS 5/24-2) (from Ch.

38, par.

24-2) Sec.

24-2.

Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:

SB1458 Enrolled -4- LRB093 03568 RLC 03597 b (1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment;

and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by an agency certified by the Department of Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, and Private Security Act of 1983, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment, provided that such commuting is accomplished within one hour from departure from home or place of employment, as the case may be.

Persons exempted under this subdivision (a)(5) shall be required to have completed a course of SB1458 Enrolled -5- LRB093 03568 RLC 03597 b study in firearms handling and training approved and supervised by the Department of Professional Regulation as prescribed by Section 28 of the Private Detective, Private Alarm, and Private Security Act of 1983, prior to becoming eligible for this exemption.

The Department of Professional Regulation shall provide suitable documentation demonstrating the successful completion of the prescribed firearms training.

Such documentation shall be carried at all times when such persons are in possession of a concealable weapon.

(6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force of at least 5 persons registered with the Department of Professional Regulation;

provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons.

A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation.

Conditions for the renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983.

Such firearm SB1458 Enrolled -6- LRB093 03568 RLC 03597 b authorization card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon.

(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons.

A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm authorization card by the Department of Professional Regulation.

Conditions for renewal of firearm authorization cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm and Private Security Act of 1983.

Such firearm authorization card shall be carried by the person so trained at all times when such person is in possession of a concealable weapon.

For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union SB1458 Enrolled -7- LRB093 03568 RLC 03597 b or company providing armored car services.

(9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code.

__________________o_______________________p___________ _f_____________________h_______________________t____________ _l_____________________r______________________h_____________ _f_____________________t_______________________o____________ _u_____________________o______________________o_____ (13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section SB1458 Enrolled -8- LRB093 03568 RLC 03597 b 24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

Show all 92 changed lines (52 more)

(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.

(1) Peace officers while in performance of their official duties.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.

(5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and SB1458 Enrolled -9- LRB093 03568 RLC 03597 b actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition.

This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

During transportation, any such weapon shall be broken down in a non-functioning state, or not SB1458 Enrolled -10- LRB093 03568 RLC 03597 b immediately accessible.

(d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.

(e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.

(g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply to:

(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus military ordinance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordinance.

(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article.

The defendant shall SB1458 Enrolled -11- LRB093 03568 RLC 03597 b have the burden of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged;

and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.

(Source:

P.A.

91-287, eff.

1-1-00;

91-690, eff.

4-13-00;

92-325, eff.

8-9-01.) Section 10.

(1) The Supreme Court of Illinois may establish a Division of Probation Services whose purpose shall be the development, establishment, promulgation, and enforcement of uniform standards for probation services in this State, and ~~SB1458~~ ~~Engrossed~~ ~~-4-~~ ~~LRB093~~ ~~03568~~ ~~RLC~~ ~~03597~~ b to otherwise carry out the intent of this Act.

(b) make available, on a timely basis, lists of those applicants whose qualifications meet the SB1458 Enrolled -12- LRB093 03568 RLC 03597 b regulations referred to herein, including on said lists all candidates found qualified.

(j) monitor and evaluate all programs operated by Probation and Court Services Departments, and may include in the program evaluation criteria such factors as the percentage of Probation sentences for felons convicted of ~~SB1458~~ ~~Engrossed~~ ~~-5-~~ ~~LRB093~~ ~~03568~~ ~~RLC~~ ~~03597~~ b Probationable offenses.

(l) where appropriate, establish programs and corresponding standards designed to generally improve the quality of probation and court services and reduce the SB1458 Enrolled -13- LRB093 03568 RLC 03597 b rate of adult or juvenile offenders committed to the Department of Corrections.

(b) The Chief Judge of each circuit shall appoint the ~~SB1458~~ ~~Engrossed~~ ~~-6-~~ ~~LRB093~~ ~~03568~~ ~~RLC~~ ~~03597~~ b Chief Probation Officer and all other probation officers for his or her circuit from lists of qualified applicants supplied by the Supreme Court.

(3) A Probation and Court Service Department shall apply to the Supreme Court for funds for basic services, and may SB1458 Enrolled -14- LRB093 03568 RLC 03597 b apply for funds for new and expanded programs or Individualized Services and Programs.

For all such ~~SB1458~~ ~~Engrossed~~ ~~-7-~~ ~~LRB093~~ ~~03568~~ ~~RLC~~ ~~03597~~ b positions approved for reimbursement before December 1, 1990, the counties shall be reimbursed $1,250 per month beginning July 1, 1995, and an additional $250 per month beginning each July 1st thereafter until the positions receive 100% salary reimbursement.

Allocation of such positions will be based on comparative need considering capacity, staff/resident ratio, physical plant and SB1458 Enrolled -15- LRB093 03568 RLC 03597 b program.

Departments to be eligible for funding must satisfy ~~SB1458~~ ~~Engrossed~~ ~~-8-~~ ~~LRB093~~ ~~03568~~ ~~RLC~~ ~~03597~~ b the following conditions:

This plan shall indicate the manner in which Probation and Court Services will be delivered and improved, consistent with SB1458 Enrolled -16- LRB093 03568 RLC 03597 b the minimum standards and regulations for Probation and Court Services, as established by the Supreme Court.

(d) The Department shall in its annual plan indicate the manner in which it will support the rights of crime victims and in which manner it will implement Article I, Section 8.1 of the Illinois Constitution and in what manner it will coordinate crime victims' support services with other criminal justice agencies within its jurisdiction, including but not limited to, the State's ~~SB1458~~ ~~Engrossed~~ ~~-9-~~ ~~LRB093~~ ~~03568~~ ~~RLC~~ ~~03597~~ b Attorney, the Sheriff and any municipal police department.

(a) The probation officer is a full-time employee appointed by the Chief Judge to provide probation SB1458 Enrolled -17- LRB093 03568 RLC 03597 b services.

(8) In order to obtain full reimbursement of all ~~SB1458~~ ~~Engrossed~~ ~~-10-~~ ~~LRB093~~ ~~03568~~ ~~RLC~~ ~~03597~~ b approved costs, each Department must continue to employ at least the same number of probation officers and probation managers as were authorized for employment for the fiscal year which includes January 1, 1985.

In the event that the SB1458 Enrolled -18- LRB093 03568 RLC 03597 b Department employs fewer Probation officers and Probation managers than the base amount for a period of 90 days, funding received by the Department under subsection 4 of this Section may be reduced on a monthly basis by the amount of the current salaries of any positions below the base amount.

(10) The county treasurer must certify that funds ~~SB1458~~ ~~Engrossed~~ ~~-11-~~ ~~LRB093~~ ~~03568~~ ~~RLC~~ ~~03597~~ b received under this Section shall be used solely to maintain and improve Probation and Court Services.

If at any time the Supreme Court determines that a county or circuit is not in compliance, the Supreme Court shall immediately notify the Chief Judge, county board chairman and SB1458 Enrolled -19- LRB093 03568 RLC 03597 b the Director of Court Services Chief Probation Officer.

(12) ~~________________t______________~~________________f________________ probation officers shall be considered peace officers.

_ In the exercise of their official ~~duties_-~~duties,_- probation officers, ~~sheriffs,_~~sheriffs_ and police officers may, anywhere within the State, arrest any probationer who is in violation of any of the conditions of his ~~_r_____~~______ probation, ~~____i_______________________s____________~~___d_______________________s____________ and it shall be the duty of the officer making the arrest to take ___ ---- probationer before the Court having jurisdiction over t________a_______ --- for further order.

Latest

SB1458 ~~Engrossed~~ LRB093 03568 RLC 03597 b AN ACT in relation to criminal law.

SB1458 Enrolled LRB093 03568 RLC 03597 b AN ACT in relation to criminal law.

However, no such investigation, evaluation or supervision by such SB1458 ~~Engrossed~~ -2- LRB093 03568 RLC 03597 b court services or probation department is to occur with regard to complaints indicating only that a minor may be a chronic or habitual truant.

However, no such investigation, evaluation or supervision by such SB1458 Enrolled -2- LRB093 03568 RLC 03597 b court services or probation department is to occur with regard to complaints indicating only that a minor may be a chronic or habitual truant.

(g) To perform such other services as may be appropriate to effectuate the purposes of this Act or as SB1458 ~~Engrossed~~ -3- LRB093 03568 RLC 03597 b may be directed by any order of court made under this Act.

(g) To perform such other services as may be appropriate to effectuate the purposes of this Act or as SB1458 Enrolled -3- LRB093 03568 RLC 03597 b may be directed by any order of court made under this Act.

7-29-99.) Section ~~10.~~

7-29-99.) Section 6.