MUNI CD-DEPUTY CHIEF OF POLICE

Illinois General Assembly - Full Text of HB3859

Select Language

×

The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein.

Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet.

The English language version is always the official and authoritative version of this website.

NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window.

Choose Language

English

Afrikaans

Albanian

Arabic

Armenian

Azerbaijani

Basque

Bengali

Bosnian

Catalan

Croatian

Czech

Danish

Dutch

Esperanto

Estonian

Filipino

Finnish

French

Galician

Georgian

German

Greek

Gujarati

Haitian Creole

Hausa

Hawaiian

Hebrew

Hindi

Hungarian

Icelandic

Indonesian

Interlingua

Interlingue

Inuktitut

Irish

Italian

Japanese

Javanese

Kannada

Khmer

Korean

Latin

Latvian

Lithuanian

Luxembourgish

Macedonian

Malagasy

Malayalam

Maltese

Maori

Marathi

Myanmar

Nepali

Norwegian

Odia

Pashto

Punjabi

Romanian

Russian

Samoan

Sango

Sanskrit

Sardinian

Sindhi

Sinhala

Slovak

Slovenian

Somali

Southern Sotho

Spanish

Sundanese

Swahili

Swedish

Tamil

Telugu

Thai

Tigrinya

Tonga

Turkish

Ukrainian

Urdu

Vietnamese

Welsh

Xhosa

Yiddish

Yoruba

Zulu

Powered by
Translate

Close

Illinois General Assembly

Top Navigation Bar

Translate

Learn

Select General Assembly

Search the 104th General Assembly

Enter search terms for legislation, members, committees, or schedules.

ILGA.GOV

LEGISLATION & LAWS

Bills & Resolutions

Public Acts

Illinois Compiled Statutes

Illinois Constitution

Search Legislation

Glossary

Guide

Reports & Inquiry

Legislative Reports

Special Reports

FTP Site

Legislator Lookup

Capitol Complex Phone Numbers

Rules & Regulations

Illinois Register

Administrative Rules

Senate

Members

Schedules

Committees

Request for Remote Testimony

Journals

Transcripts

Rules

Audio/Video

FOIA Information

Senate Employment Opportunities

Media Guidelines

House

Members

Schedules

Committees

Submit testimony for House Committees

Journals

Transcripts

Rules

Audio/Video

FOIA Information

House Employment Opportunities

Log In

Mobile Top Bar

Search the 104th General Assembly

Enter keywords to search the Illinois General Assembly website.

Full Text of HB3859

Home

Legislation

Full Text

HB3859 - 104th General Assembly

Bill Status

Full Text

Votes

Witness Slips

Select Menu

Bill Status

Full Text

Votes

Witness Slips

Printer Friendly Version

Introduced

Printer Friendly Version

Introduced

Open PDF

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3859

Introduced 2/18/2025, by Rep. Ryan Spain

SYNOPSIS AS INTRODUCED:

65 ILCS 5/10-2.1-4

from Ch. 24, par. 10-2.1-4

Amends the Illinois Municipal Code. Authorizes the deputy chief of
police of a non-home rule municipality with a population of 130,000 or
fewer inhabitants or a deputy or assistant deputy chief of police of a
non-home rule municipality with a population of more than 130,000
inhabitants to be appointed not only from among the rank of sworn,
full-time officers of the municipality's police department but also from
among the rank of sworn officers of any other municipality if the officer
has at least 5 years of full-time service as a police officer. Effective
immediately.
LRB104 08147 RTM 18195 b

A BILL FOR

HB3859
LRB104 08147 RTM 18195 b
1

AN ACT concerning local government.

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 10-2.1-4 as follows:

6

(65 ILCS 5/10-2.1-4)

(from Ch. 24, par. 10-2.1-4)
7

Sec. 10-2.1-4.
Fire and police departments; appointment of
8
members; certificates of appointments.
The board of fire and
9
police commissioners shall appoint all officers and members of
10
the fire and police departments of the municipality, including
11
the chief of police and the chief of the fire department,
12
unless the council or board of trustees shall by ordinance as
13
to them otherwise provide; except as otherwise provided in
14
this Section, and except that in any municipality which adopts
15
or has adopted this Division 2.1 and also adopts or has adopted
16
Article 5 of this Code, the chief of police and the chief of
17
the fire department shall be appointed by the municipal
18
manager, if it is provided by ordinance in such municipality
19
that such chiefs, or either of them, shall not be appointed by
20
the board of fire and police commissioners.
21

If the chief of the fire department or the chief of the
22
police department or both of them are appointed in the manner
23
provided by ordinance, they may be removed or discharged by

HB3859
- 2 -
LRB104 08147 RTM 18195 b
1
the appointing authority. In such case the appointing
2
authority shall file with the corporate authorities the
3
reasons for such removal or discharge, which removal or
4
discharge shall not become effective unless confirmed by a
5
majority vote of the corporate authorities.
6

After January 1, 2019 (the effective date of Public Act
7
100-1126), a person shall not be appointed as the chief, the
8
acting chief, the department head, or a position, by whatever
9
title, that is responsible for day-to-day operations of a fire
10
department for greater than 180 days unless he or she
11
possesses the following qualifications and certifications:
12

(1) Office of the State Fire Marshal Basic Operations
13

Firefighter Certification or Office of the State Fire
14

Marshal Firefighter II Certification; Office of the State
15

Fire Marshal Advanced Fire Officer Certification or Office
16

of the State Fire Marshal Fire Officer II Certification;
17

and an associate degree in fire science or a bachelor's
18

degree from an accredited university or college;
19

(2) a current certification from the International
20

Fire Service Accreditation Congress or Pro Board Fire
21

Service Professional Qualifications System that meets the
22

National Fire Protection Association standard NFPA 1001,
23

Standard for Fire Fighter Professional Qualifications,
24

Level I job performance requirements; a current
25

certification from the International Fire Service
26

Accreditation Congress or Pro Board Fire Service

HB3859
- 3 -
LRB104 08147 RTM 18195 b
1

Professional Qualifications System that meets the National
2

Fire Protection Association standard NFPA 1021, Standard
3

for Fire Officer Professional Qualifications, Fire Officer
4

II job performance requirements; and an associate degree
5

in fire science or a bachelor's degree from an accredited
6

university or college;
7

(3) qualifications that meet the National Fire
8

Protection Association standard NFPA 1001, Standard for
9

Fire Fighter Professional Qualifications, Level I job
10

performance requirements; qualifications that meet the
11

National Fire Protection Association standard NFPA 1021,
12

Standard for Fire Officer Professional Qualifications,
13

Fire Officer II job performance requirements; and an
14

associate degree in fire science or a bachelor's degree
15

from an accredited university or college; or
16

(4) a minimum of 10 years' experience as a firefighter
17

at the fire department in the jurisdiction making the
18

appointment.
19
This paragraph applies to fire departments that employ
20
firefighters hired under the provisions of this Division. On
21
and after January 1, 2019 (the effective date of Public Act
22
100-1126), a home rule municipality may not appoint a fire
23
chief, an acting chief, a department head, or a position, by
24
whatever title, that is responsible for day-to-day operations
25
of a fire department for greater than 180 days in a manner
26
inconsistent with this paragraph. This paragraph is a

HB3859
- 4 -
LRB104 08147 RTM 18195 b
1
limitation under subsection (i) of Section 6 of Article VII of
2
the Illinois Constitution on the concurrent exercise by home
3
rule units of powers and functions exercised by the State.
4

If a member of the department is appointed chief of police
5
or chief of the fire department prior to being eligible to
6
retire on pension, he shall be considered as on furlough from
7
the rank he held immediately prior to his appointment as
8
chief. If he resigns as chief or is discharged as chief prior
9
to attaining eligibility to retire on pension, he shall revert
10
to and be established in whatever rank he currently holds,
11
except for previously appointed positions, and thereafter be
12
entitled to all the benefits and emoluments of that rank,
13
without regard as to whether a vacancy then exists in that
14
rank.
15

All appointments to each department other than that of the
16
lowest rank, however, shall be from the rank next below that to
17
which the appointment is made except as otherwise provided in
18
this Section, and except that the chief of police and the chief
19
of the fire department may be appointed from among members of
20
the police and fire departments, respectively, regardless of
21
rank, unless the council or board of trustees shall have by
22
ordinance as to them otherwise provided. A chief of police or
23
the chief of the fire department, having been appointed from
24
among members of the police or fire department, respectively,
25
shall be permitted, regardless of rank, to take promotional
26
exams and be promoted to a higher classified rank than he

HB3859
- 5 -
LRB104 08147 RTM 18195 b
1
currently holds, without having to resign as chief of police
2
or chief of the fire department.
3

The sole authority to issue certificates of appointment
4
shall be vested in the Board of Fire and Police Commissioners
5
and all certificates of appointments issued to any officer or
6
member of the fire or police department of a municipality
7
shall be signed by the chairman and secretary respectively of
8
the board of fire and police commissioners of such
9
municipality, upon appointment of such officer or member of
10
the fire and police department of such municipality by action
11
of the board of fire and police commissioners. After being
12
selected from the register of eligibles to fill a vacancy in
13
the affected department, each appointee shall be presented
14
with his or her certificate of appointment on the day on which
15
he or she is sworn in as a classified member of the affected
16
department. Firefighters who were not issued a certificate of
17
appointment when originally appointed shall be provided with a
18
certificate within 10 days after making a written request to
19
the chairperson of the Board of Fire and Police Commissioners.
20
In any municipal fire department that employs full-time
21
firefighters and is subject to a collective bargaining
22
agreement, a person who has not qualified for regular
23
appointment under the provisions of this Division 2.1 shall
24
not be used as a temporary or permanent substitute for
25
classified members of a municipality's fire department or for
26
regular appointment as a classified member of a municipality's

HB3859
- 6 -
LRB104 08147 RTM 18195 b
1
fire department unless mutually agreed to by the employee's
2
certified bargaining agent. Such agreement shall be considered
3
a permissive subject of bargaining. Municipal fire departments
4
covered by the changes made by Public Act 95-490 that are using
5
non-certificated employees as substitutes immediately prior to
6
June 1, 2008 (the effective date of Public Act 95-490) may, by
7
mutual agreement with the certified bargaining agent, continue
8
the existing practice or a modified practice and that
9
agreement shall be considered a permissive subject of
10
bargaining. A home rule unit may not regulate the hiring of
11
temporary or substitute members of the municipality's fire
12
department in a manner that is inconsistent with this Section.
13
This Section is a limitation under subsection (i) of Section 6
14
of Article VII of the Illinois Constitution on the concurrent
15
exercise by home rule units of powers and functions exercised
16
by the State.
17

The term "policemen" as used in this Division does not
18
include auxiliary police officers except as provided for in
19
Section 10-2.1-6.
20

Any full-time member of a regular fire or police
21
department of any municipality which comes under the
22
provisions of this Division or adopts this Division 2.1 or
23
which has adopted any of the prior Acts pertaining to fire and
24
police commissioners, is a city officer.
25

Notwithstanding any other provision of this Section, the
26
Chief of Police of a department in a non-home rule

HB3859
- 7 -
LRB104 08147 RTM 18195 b
1
municipality of more than 130,000 inhabitants may, without the
2
advice or consent of the Board of Fire and Police
3
Commissioners, appoint up to 6 officers who shall be known as
4
deputy chiefs or assistant deputy chiefs, and whose rank shall
5
be immediately below that of Chief. The deputy or assistant
6
deputy chiefs may be appointed from
(i)
any rank of sworn
7
officers of that municipality
or (ii) any rank of sworn
8
officers of any other municipality. If the appointee is a
9
sworn officer of a municipality other than the municipality to
10
which the appointee is being appointed, then the appointee
11
must also have at least 5 years of full-time service as a
12
police officer. No

, but no
person who
does not meet the
13
requirements of this paragraph

is not such a sworn officer
may
14
be so appointed. Such deputy chief or assistant deputy chief
15
shall have the authority to direct and issue orders to all
16
employees of the Department holding the rank of captain or any
17
lower rank. A deputy chief of police or assistant deputy chief
18
of police, having been appointed from any rank of sworn
19
officers of that municipality, shall be permitted, regardless
20
of rank, to take promotional exams and be promoted to a higher
21
classified rank than he currently holds, without having to
22
resign as deputy chief of police or assistant deputy chief of
23
police.
24

Notwithstanding any other provision of this Section, a
25
non-home rule municipality of 130,000 or fewer inhabitants,
26
through its council or board of trustees, may, by ordinance,

HB3859
- 8 -
LRB104 08147 RTM 18195 b
1
provide for a position of deputy chief to be appointed by the
2
chief of the police department. The ordinance shall provide
3
for no more than one deputy chief position if the police
4
department has fewer than 25 full-time police officers and for
5
no more than 2 deputy chief positions if the police department
6
has 25 or more full-time police officers. The deputy chief
7
position shall be an exempt rank immediately below that of
8
Chief. The deputy chief may be appointed from
(i)
any rank of
9
sworn, full-time officers of the municipality's police
10
department
or (ii) any rank of sworn, full-time officers of
11
any other municipality's police department. In either case,
12
the appointee

, but
must
also
have at least 5 years of full-time
13
service as a police officer
in that department
. A deputy chief
14
shall serve at the discretion of the Chief and, if removed from
15
the position, shall revert to the rank currently held, without
16
regard as to whether a vacancy exists in that rank. A deputy
17
chief of police, having been appointed from any rank of sworn
18
full-time officers of that municipality's police department,
19
shall be permitted, regardless of rank, to take promotional
20
exams and be promoted to a higher classified rank than he
21
currently holds, without having to resign as deputy chief of
22
police.
23

No municipality having a population less than 1,000,000
24
shall require that any firefighter appointed to the lowest
25
rank serve a probationary employment period of longer than one
26
year. The limitation on periods of probationary employment

HB3859
- 9 -
LRB104 08147 RTM 18195 b
1
provided in Public Act 86-990 is an exclusive power and
2
function of the State. Pursuant to subsection (h) of Section 6
3
of Article VII of the Illinois Constitution, a home rule
4
municipality having a population less than 1,000,000 must
5
comply with this limitation on periods of probationary
6
employment, which is a denial and limitation of home rule
7
powers. Notwithstanding anything to the contrary in this
8
Section, the probationary employment period limitation may be
9
extended for a firefighter who is required, as a condition of
10
employment, to be a licensed paramedic, during which time the
11
sole reason that a firefighter may be discharged without a
12
hearing is for failing to meet the requirements for paramedic
13
licensure.
14

To the extent that this Section or any other Section in
15
this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
16
then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
17
(Source: P.A. 100-252, eff. 8-22-17; 100-425, eff. 8-25-17;
18
100-863, eff, 8-14-18; 100-1126, eff. 1-1-19; 101-81, eff.
19
7-12-19.)

20

Section 99.
Effective date.
This Act takes effect upon
21
becoming law.

Footer

Disclaimer

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.

Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn

This site is maintained for the Illinois General Assembly by the
Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706.
Contact ILGA Webmaster

ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies.
Read About Cookies

ILGA.GOV

2026 ILGA.gov | All Rights Reserved |
ADA

|
Disclaimers
|
Learn