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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5005

Introduced 2/10/2026, by Rep. Patrick Sheehan

SYNOPSIS AS INTRODUCED:

65 ILCS 5/10-1-7

from Ch. 24, par. 10-1-7
65 ILCS 5/10-2.1-6

from Ch. 24, par. 10-2.1-6

Amends the Illinois Municipal Code. Provides that applicants who are
21 years of age or older may not be required to obtain any collegiate-level
education or a collegiate level degree as a prerequisite to take an
examination for a position as a policeman or for appointment to active duty
with the police department. Makes conforming changes.
LRB104 16417 RTM 29807 b

A BILL FOR

HB5005
LRB104 16417 RTM 29807 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 Sections 10-1-7 and 10-2.1-6 as follows:

6

(65 ILCS 5/10-1-7)

(from Ch. 24, par. 10-1-7)
7

Sec. 10-1-7.
Examination of applicants; disqualifications.
8

(a) All applicants for offices or places in the classified
9
service, except those mentioned in Section 10-1-17, are
10
subject to examination. The examination shall be public,
11
competitive, and open to all citizens of the United States,
12
with specified limitations as to residence, age, health,
13
habits, and moral character. An individual who is not a
14
citizen but is legally authorized to work in the United States
15
under federal law or is an individual against whom immigration
16
action has been deferred by the U.S. Citizenship and
17
Immigration Services under the federal Deferred Action for
18
Childhood Arrivals (DACA) process is authorized to apply for
19
the position of police officer, subject to (i) all
20
requirements and limitations, other than citizenship, to which
21
other applicants are subject and (ii) the individual being
22
authorized under federal law to obtain, carry, or purchase or
23
otherwise possess a firearm.

HB5005
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LRB104 16417 RTM 29807 b
1

(b) Residency requirements in effect at the time an
2
individual enters the fire or police service of a municipality
3
(other than a municipality that has more than 1,000,000
4
inhabitants) cannot be made more restrictive for that
5
individual during his or her period of service for that
6
municipality, or be made a condition of promotion, except for
7
the rank or position of Fire or Police Chief.
8

(c) No person with a record of misdemeanor convictions
9
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
10
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
11
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
12
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
13
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
14
(6), and (8) of subsection (a) of Section 24-1 of the Criminal
15
Code of 1961 or the Criminal Code of 2012 or arrested for any
16
cause but not convicted on that cause shall be disqualified
17
from taking the examination on grounds of habits or moral
18
character, unless the person is attempting to qualify for a
19
position on the police department, in which case the
20
conviction or arrest may be considered as a factor in
21
determining the person's habits or moral character.
22

(d) Persons entitled to military preference under Section
23
10-1-16 shall not be subject to limitations specifying age
24
unless they are applicants for a position as a fireman or a
25
policeman having no previous employment status as a fireman or
26
policeman in the regularly constituted fire or police

HB5005
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LRB104 16417 RTM 29807 b
1
department of the municipality, in which case they must not
2
have attained their 35th birthday, except any person who has
3
served as an auxiliary police officer under Section 3.1-30-20
4
for at least 5 years and is under 40 years of age.
5

(e) All employees of a municipality of less than 500,000
6
population (except those who would be excluded from the
7
classified service as provided in this Division 1) who are
8
holding that employment as of the date a municipality adopts
9
this Division 1, or as of July 17, 1959, whichever date is the
10
later, and who have held that employment for at least 2 years
11
immediately before that later date, and all firemen and
12
policemen regardless of length of service who were either
13
appointed to their respective positions by the board of fire
14
and police commissioners under the provisions of Division 2 of
15
this Article or who are serving in a position (except as a
16
temporary employee) in the fire or police department in the
17
municipality on the date a municipality adopts this Division
18
1, or as of July 17, 1959, whichever date is the later, shall
19
become members of the classified civil service of the
20
municipality without examination.
21

(f) The examinations shall be practical in their
22
character, and shall relate to those matters that will fairly
23
test the relative capacity of the persons examined to
24
discharge the duties of the positions to which they seek to be
25
appointed. The examinations shall include tests of physical
26
qualifications, health, and (when appropriate) manual skill.

HB5005
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LRB104 16417 RTM 29807 b
1
If an applicant is unable to pass the physical examination
2
solely as the result of an injury received by the applicant as
3
the result of the performance of an act of duty while working
4
as a temporary employee in the position for which he or she is
5
being examined, however, the physical examination shall be
6
waived and the applicant shall be considered to have passed
7
the examination. No questions in any examination shall relate
8
to political or religious opinions or affiliations. Results of
9
examinations and the eligible registers prepared from the
10
results shall be published by the commission within 60 days
11
after any examinations are held.
12

(g) The commission shall control all examinations, and
13
may, whenever an examination is to take place, designate a
14
suitable number of persons, either in or not in the official
15
service of the municipality, to be examiners. The examiners
16
shall conduct the examinations as directed by the commission
17
and shall make a return or report of the examinations to the
18
commission. If the appointed examiners are in the official
19
service of the municipality, the examiners shall not receive
20
extra compensation for conducting the examinations unless the
21
examiners are subject to a collective bargaining agreement
22
with the municipality. The commission may at any time
23
substitute any other person, whether or not in the service of
24
the municipality, in the place of any one selected as an
25
examiner. The commission members may themselves at any time
26
act as examiners without appointing examiners. The examiners

HB5005
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LRB104 16417 RTM 29807 b
1
at any examination shall not all be members of the same
2
political party.
3

(h) In municipalities of 500,000 or more population, no
4
person who has attained his or her 35th birthday shall be
5
eligible to take an examination for a position as a fireman or
6
a policeman unless the person has had previous employment
7
status as a policeman or fireman in the regularly constituted
8
police or fire department of the municipality, except as
9
provided in this Section.
10

(i) In municipalities of more than 5,000 but not more than
11
200,000 inhabitants, no person who has attained his or her
12
35th birthday shall be eligible to take an examination for a
13
position as a fireman or a policeman unless the person has had
14
previous employment status as a policeman or fireman in the
15
regularly constituted police or fire department of the
16
municipality, except as provided in this Section.
17

(j) In all municipalities, applicants who are 20 years of
18
age and who have successfully completed 2 years of law
19
enforcement studies at an accredited college or university may
20
be considered for appointment to active duty with the police
21
department. An applicant described in this subsection (j) who
22
is appointed to active duty shall not have power of arrest, nor
23
shall the applicant be permitted to carry firearms, until he
24
or she reaches 21 years of age.
25

(j-5) In all municipalities, applicants who are 21 years
26
of age or older may not be required to obtain any

HB5005
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LRB104 16417 RTM 29807 b
1
collegiate-level education or a collegiate level degree as a
2
prerequisite to take an examination for a position as a
3
policeman or for appointment to active duty with the police
4
department.

5

(k) In municipalities of more than 500,000 population,
6
applications for examination for and appointment to positions
7
as firefighters or police shall be made available at various
8
branches of the public library of the municipality.
9

(l) No municipality having a population less than
10
1,000,000 shall require that any fireman appointed to the
11
lowest rank serve a probationary employment period of longer
12
than one year. The limitation on periods of probationary
13
employment provided in Public Act 86-990 is an exclusive power
14
and function of the State. Pursuant to subsection (h) of
15
Section 6 of Article VII of the Illinois Constitution, a home
16
rule municipality having a population less than 1,000,000 must
17
comply with this limitation on periods of probationary
18
employment, which is a denial and limitation of home rule
19
powers. Notwithstanding anything to the contrary in this
20
Section, the probationary employment period limitation may be
21
extended for a firefighter who is required, as a condition of
22
employment, to be a licensed paramedic, during which time the
23
sole reason that a firefighter may be discharged without a
24
hearing is for failing to meet the requirements for paramedic
25
licensure.
26

(m) To the extent that this Section or any other Section in

HB5005
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LRB104 16417 RTM 29807 b
1
this Division conflicts with Section 10-1-7.1 or 10-1-7.2,
2
then Section 10-1-7.1 or 10-1-7.2 shall control.
3
(Source: P.A. 102-813, eff. 5-13-22; 103-357, eff. 1-1-24
.)

4

(65 ILCS 5/10-2.1-6)

(from Ch. 24, par. 10-2.1-6)
5

Sec. 10-2.1-6.
Examination of applicants;
6
disqualifications.
7

(a) All applicants for a position in either the fire or
8
police department of the municipality shall be under 35 years
9
of age, shall be subject to an examination that shall be
10
public, competitive, and open to all applicants (unless the
11
council or board of trustees by ordinance
limits

limit

12
applicants to electors of the municipality, county, state, or
13
nation) and shall be subject to reasonable limitations as to
14
residence, health, habits, and moral character. An individual
15
who is not a citizen but is legally authorized to work in the
16
United States under federal law or is an individual against
17
whom immigration action has been deferred by the U.S.
18
Citizenship and Immigration Services under the federal
19
Deferred Action for Childhood Arrivals (DACA) process is
20
authorized to apply for the position of police officer,
21
subject to (i) all requirements and limitations, other than
22
citizenship, to which other applicants are subject and (ii)
23
the individual being authorized under federal law to obtain,
24
carry, or purchase or otherwise possess a firearm. The
25
municipality may not charge or collect any fee from an

HB5005
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LRB104 16417 RTM 29807 b
1
applicant who has met all prequalification standards
2
established by the municipality for any such position. With
3
respect to a police department, a veteran shall be allowed to
4
exceed the maximum age provision of this Section by the number
5
of years served on active military duty, but by no more than 10
6
years of active military duty.
7

(b) Residency requirements in effect at the time an
8
individual enters the fire or police service of a municipality
9
(other than a municipality that has more than 1,000,000
10
inhabitants) cannot be made more restrictive for that
11
individual during his period of service for that municipality,
12
or be made a condition of promotion, except for the rank or
13
position of Fire or Police Chief.
14

(c) No person with a record of misdemeanor convictions
15
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
16
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
17
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
18
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
19
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
20
(6), and (8) of subsection (a) of Section 24-1 of the Criminal
21
Code of 1961 or the Criminal Code of 2012, or arrested for any
22
cause but not convicted on that cause shall be disqualified
23
from taking the examination to qualify for a position in the
24
fire department on grounds of habits or moral character.
25

(d) The age limitation in subsection (a) does not apply
26
(i) to any person previously employed as a policeman or

HB5005
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LRB104 16417 RTM 29807 b
1
fireman in a regularly constituted police or fire department
2
of (I) any municipality, regardless of whether the
3
municipality is located in Illinois or in another state, or
4
(II) a fire protection district whose obligations were assumed
5
by a municipality under Section 21 of the Fire Protection
6
District Act, (ii) to any person who has served a municipality
7
as a regularly enrolled volunteer fireman for 5 years
8
immediately preceding the time that municipality begins to use
9
full time firemen to provide all or part of its fire protection
10
service, or (iii) to any person who has served as an auxiliary
11
police officer under Section 3.1-30-20 for at least 5 years
12
and is under 40 years of age, (iv) to any person who has served
13
as a deputy under Section 3-6008 of the Counties Code and
14
otherwise meets necessary training requirements, or (v) to any
15
person who has served as a sworn officer as a member of the
16
Illinois State Police.
17

(e) Applicants who are 20 years of age and who have
18
successfully completed 2 years of law enforcement studies at
19
an accredited college or university may be considered for
20
appointment to active duty with the police department. An
21
applicant described in this subsection (e) who is appointed to
22
active duty shall not have power of arrest, nor shall the
23
applicant be permitted to carry firearms, until he or she
24
reaches 21 years of age.
25

(e-5) Applicants who are 21 years of age or older may not
26
be required to obtain any collegiate-level education or a

HB5005
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LRB104 16417 RTM 29807 b
1
collegiate level degree as a prerequisite to take an
2
examination for a position as a policeman or for appointment
3
to active duty with the police department.

4

(f) Applicants who are 18 years of age and who have
5
successfully completed 2 years of study in fire techniques,
6
amounting to a total of 4 high school credits, within the cadet
7
program of a municipality may be considered for appointment to
8
active duty with the fire department of any municipality.
9

(g) The council or board of trustees may by ordinance
10
provide that persons residing outside the municipality are
11
eligible to take the examination.
12

(h) The examinations shall be practical in character and
13
relate to those matters that will fairly test the capacity of
14
the persons examined to discharge the duties of the positions
15
to which they seek appointment. No person shall be appointed
16
to the police or fire department if he or she does not possess
17
a high school diploma or an equivalent high school education.
18
A board of fire and police commissioners may, by its rules,
19
require police applicants to have obtained an associate's
20
degree or a bachelor's degree as a prerequisite for
21
employment.
The examinations shall include tests of physical
22
qualifications and health. A board of fire and police
23
commissioners may, by its rules, waive portions of the
24
required examination for police applicants who have previously
25
been full-time sworn officers of a regular police department
26
in any municipal, county, university, or State law enforcement

HB5005
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LRB104 16417 RTM 29807 b
1
agency, provided they are certified by the Illinois Law
2
Enforcement Training Standards Board and have been with their
3
respective law enforcement agency within the State for at
4
least 2 years. No person shall be appointed to the police or
5
fire department if he or she has suffered the amputation of any
6
limb unless the applicant's duties will be only clerical or as
7
a radio operator. No applicant shall be examined concerning
8
his or her political or religious opinions or affiliations.
9
The examinations shall be conducted by the board of fire and
10
police commissioners of the municipality as provided in this
11
Division 2.1.
12

The requirement that a police applicant possess an
13
associate's degree under this subsection may be waived if one
14
or more of the following applies: (1) the applicant has served
15
for 24 months of honorable active duty in the United States
16
Armed Forces and has not been discharged dishonorably or under
17
circumstances other than honorable; (2) the applicant has
18
served for 180 days of active duty in the United States Armed
19
Forces in combat duty recognized by the Department of Defense
20
and has not been discharged dishonorably or under
21
circumstances other than honorable; or (3) the applicant has
22
successfully received credit for a minimum of 60 credit hours
23
toward a bachelor's degree from an accredited college or
24
university.
25

The requirement that a police applicant possess a
26
bachelor's degree under this subsection may be waived if one

HB5005
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LRB104 16417 RTM 29807 b
1
or more of the following applies: (1) the applicant has served
2
for 36 months of honorable active duty in the United States
3
Armed Forces and has not been discharged dishonorably or under
4
circumstances other than honorable or (2) the applicant has
5
served for 180 days of active duty in the United States Armed
6
Forces in combat duty recognized by the Department of Defense
7
and has not been discharged dishonorably or under
8
circumstances other than honorable.

9

(i) No person who is classified by his local selective
10
service draft board as a conscientious objector, or who has
11
ever been so classified, may be appointed to the police
12
department.
13

(j) No person shall be appointed to the police or fire
14
department unless he or she is a person of good character and
15
not an habitual drunkard, gambler, or a person who has been
16
convicted of a felony or a crime involving moral turpitude. No
17
person, however, shall be disqualified from appointment to the
18
fire department because of his or her record of misdemeanor
19
convictions except those under Sections 11-1.50, 11-6, 11-7,
20
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
21
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
22
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
23
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
24
paragraphs (1), (6), and (8) of subsection (a) of Section 24-1
25
of the Criminal Code of 1961 or the Criminal Code of 2012, or
26
arrest for any cause without conviction on that cause. Any

HB5005
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LRB104 16417 RTM 29807 b
1
such person who is in the department may be removed on charges
2
brought and after a trial as provided in this Division 2.1.
3
(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
4
103-357, eff. 1-1-24; revised 7-7-25.)

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