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HB5586 • 2026

NONCITIZEN POLICE OFFICERS

NONCITIZEN POLICE OFFICERS

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Barbara Hernandez
Last action
2026-02-13
Official status
Referred to Rules Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

NONCITIZEN POLICE OFFICERS

NONCITIZEN POLICE OFFICERS

What This Bill Does

  • NONCITIZEN POLICE OFFICERS

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-02-13 Illinois General Assembly

    First Reading

  2. 2026-02-13 Illinois General Assembly

    Referred to Rules Committee

  3. 2026-02-06 Illinois General Assembly

    Filed with the Clerk by Rep. Barbara Hernandez

Official Summary Text

NONCITIZEN POLICE OFFICERS

Current Bill Text

Read the full stored bill text
Illinois General Assembly - Full Text of HB5586

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5586

Introduced 2/13/2026, by Rep. Barbara Hernandez

SYNOPSIS AS INTRODUCED:

20 ILCS 2610/9

from Ch. 121, par. 307.9
55 ILCS 5/3-6033

from Ch. 34, par. 3-6033

Amends the Illinois State Police Act. Provides that all persons
appointed as Illinois State Police officers shall, at the time of their
appointment, be citizens of the United States or persons with proof of a
permanent resident card (rather than only citizens of the United States).
Amends Counties Code. Provides that, if a person is a person with proof of
a permanent resident card, then the sheriff of any county or the corporate
authorities of any municipality may not deny employment to that person on
the basis that the person is not a citizen of the United States. Provides
that, if a person with a proof of a permanent resident card is an Illinois
State Police officer or Department of Corrections officer and the person's
permanent resident card becomes invalid, then the Director of State Police
and the Board or the sheriff of any county or the corporate authorities of
any municipality shall provide the person with 6 months from the date that
the person's permanent resident card became invalid to receive a new
permanent resident card or to have the person's invalid permanent resident
card to be reissued. Defines "person with proof of a permanent resident
card". Effective July 1, 2026.
LRB104 16938 RTM 30352 b

A BILL FOR

HB5586
LRB104 16938 RTM 30352 b
1

AN ACT concerning government employees.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Illinois State Police Act is amended by
5
changing Section 9 as follows:

6

(20 ILCS 2610/9)

(from Ch. 121, par. 307.9)
7

Sec. 9.
Appointment; qualifications.
8

(a) Except as otherwise provided in this Section, the
9
appointment of Illinois State Police officers shall be made
10
from those applicants who have been certified by the Board as
11
being qualified for appointment. All persons so appointed
12
shall, at the time of their appointment, be not less than 21
13
years of age, or 20 years of age and have successfully
14
completed an associate's degree or 60 credit hours at an
15
accredited college or university. Any person appointed
16
subsequent to successful completion of an associate's degree
17
or 60 credit hours at an accredited college or university
18
shall not have power of arrest, nor shall he or she be
19
permitted to carry firearms, until he or she reaches 21 years
20
of age. In addition, all persons so certified for appointment
21
shall be of sound mind and body, be of good moral character, be
22
citizens of the United States
or persons with proof of a
23
permanent resident card
, have no criminal records, possess

HB5586
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LRB104 16938 RTM 30352 b
1
such prerequisites of training, education, and experience as
2
the Board may from time to time prescribe so long as persons
3
who have an associate's degree or 60 credit hours at an
4
accredited college or university are not disqualified, and
5
shall be required to pass successfully such mental and
6
physical tests and examinations as may be prescribed by the
7
Board. A person who meets one of the following requirements is
8
deemed to have met the collegiate educational requirements:
9

(i) has been honorably discharged and who has been
10

awarded a Southwest Asia Service Medal, Kuwait Liberation
11

Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait),
12

Kosovo Campaign Medal, Korean Defense Service Medal,
13

Afghanistan Campaign Medal, Iraq Campaign Medal, Global
14

War on Terrorism Service Medal, Global War on Terrorism
15

Expeditionary Medal, or Inherent Resolve Campaign Medal by
16

the United States Armed Forces;
17

(ii) is an active member of the Illinois National
18

Guard or a reserve component of the United States Armed
19

Forces and who has been awarded a Southwest Asia Service
20

Medal, Kuwait Liberation Medal (Saudi Arabia), Kuwait
21

Liberation Medal (Kuwait), Kosovo Campaign Medal, Korean
22

Defense Service Medal, Afghanistan Campaign Medal, Iraq
23

Campaign Medal, Global War on Terrorism Service Medal,
24

Global War on Terrorism Expeditionary Medal, or Inherent
25

Resolve Campaign Medal as a result of honorable service
26

during deployment on active duty;

HB5586
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LRB104 16938 RTM 30352 b
1

(iii) has been honorably discharged who served in a
2

combat mission by proof of hostile fire pay or imminent
3

danger pay during deployment on active duty;
4

(iv) has at least 3 years of full active and
5

continuous United States Armed Forces duty, which shall
6

also include a period of active duty with the State of
7

Illinois under Title 10 or Title 32 of the United States
8

Code pursuant to an order of the President or the Governor
9

of the State of Illinois, and received an honorable
10

discharge before hiring; or
11

(v) has successfully completed basic law enforcement
12

training, has at least 3 years of continuous, full-time
13

service as a peace officer with the same police
14

department, and is currently serving as a peace officer
15

when applying.
16

Preference shall be given in such appointments to persons
17
who have honorably served in the United States Armed Forces.
18
All appointees shall serve a probationary period of 12 months
19
from the date of appointment and during that period may be
20
discharged at the will of the Director. However, the Director
21
may in his or her sole discretion extend the probationary
22
period of an officer up to an additional 6 months when to do so
23
is deemed in the best interest of the Illinois State Police.
24
Nothing in this subsection (a) limits the Board's ability to
25
prescribe education prerequisites or requirements to certify
26
Illinois State Police officers for promotion as provided in

HB5586
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LRB104 16938 RTM 30352 b
1
Section 10 of this Act.
2

(b) Notwithstanding the other provisions of this Act,
3
after July 1, 1977 and before July 1, 1980, the Director of
4
State Police may appoint and promote not more than 20 persons
5
having special qualifications as special agents as he or she
6
deems necessary to carry out the Department's objectives. Any
7
such appointment or promotion shall be ratified by the Board.
8

(c) During the 90 days following March 31, 1995 (the
9
effective date of Public Act 89-9), the Director of State
10
Police may appoint up to 25 persons as State Police officers.
11
These appointments shall be made in accordance with the
12
requirements of this subsection (c) and any additional
13
criteria that may be established by the Director, but are not
14
subject to any other requirements of this Act. The Director
15
may specify the initial rank for each person appointed under
16
this subsection.
17

All appointments under this subsection (c) shall be made
18
from personnel certified by the Board. A person certified by
19
the Board and appointed by the Director under this subsection
20
must have been employed by the Illinois Commerce Commission on
21
November 30, 1994 in a job title subject to the Personnel Code
22
and in a position for which the person was eligible to earn
23
"eligible creditable service" as a "noncovered employee", as
24
those terms are defined in Article 14 of the Illinois Pension
25
Code.
26

Persons appointed under this subsection (c) shall

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LRB104 16938 RTM 30352 b
1
thereafter be subject to the same requirements and procedures
2
as other State police officers. A person appointed under this
3
subsection must serve a probationary period of 12 months from
4
the date of appointment, during which he or she may be
5
discharged at the will of the Director.
6

This subsection (c) does not affect or limit the
7
Director's authority to appoint other State Police officers
8
under subsection (a) of this Section.
9

(d) During the 180 days following January 1, 2022 (the
10
effective date of Public Act 101-652), the Director of the
11
Illinois State Police may appoint current Illinois State
12
Police employees serving in law enforcement officer positions
13
previously within Central Management Services as State Police
14
officers. These appointments shall be made in accordance with
15
the requirements of this subsection (d) and any institutional
16
criteria that may be established by the Director, but are not
17
subject to any other requirements of this Act. All
18
appointments under this subsection (d) shall be made from
19
personnel certified by the Board. A person certified by the
20
Board and appointed by the Director under this subsection must
21
have been employed by a State agency, board, or commission on
22
January 1, 2021 in a job title subject to the Personnel Code
23
and in a position for which the person was eligible to earn
24
"eligible creditable service" as a "noncovered employee", as
25
those terms are defined in Article 14 of the Illinois Pension
26
Code. Persons appointed under this subsection (d) shall

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LRB104 16938 RTM 30352 b
1
thereafter be subject to the same requirements, and subject to
2
the same contractual benefits and obligations, as other State
3
police officers. This subsection (d) does not affect or limit
4
the Director's authority to appoint other State Police
5
officers under subsection (a) of this Section.
6

(e) The Merit Board shall review Illinois State Police
7
Cadet applicants. The Illinois State Police may provide
8
background check and investigation material to the Board for
9
its review pursuant to this Section. The Board shall approve
10
and ensure that no cadet applicant is certified unless the
11
applicant is a person of good character and has not been
12
convicted of, or entered a plea of guilty to, a felony offense,
13
any of the misdemeanors specified in this Section or if
14
committed in any other state would be an offense similar to
15
Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,
16
11-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,
17
17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
18
violation of any Section of Part E of Title III of the Criminal
19
Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of
20
the Criminal Code of 1961 or the Criminal Code of 2012, or
21
subsection (a) of Section 17-32 of the Criminal Code of 1961 or
22
the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis
23
Control Act, or any felony or misdemeanor in violation of
24
federal law or the law of any state that is the equivalent of
25
any of the offenses specified therein. The Officer
26
Professional Conduct Database, provided for in Section 9.2 of

HB5586
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LRB104 16938 RTM 30352 b
1
the Illinois Police Training Act, shall be searched as part of
2
this process. For purposes of this Section, "convicted of, or
3
entered a plea of guilty" regardless of whether the
4
adjudication of guilt or sentence is withheld or not entered
5
thereon. This includes sentences of supervision, conditional
6
discharge, or first offender probation, or any similar
7
disposition provided for by law.
8

(f) The Board shall by rule establish an application fee
9
waiver program for any person who meets one or more of the
10
following criteria:
11

(1) his or her available personal income is 200% or
12

less of the current poverty level; or
13

(2) he or she is, in the discretion of the Board,
14

unable to proceed in an action with payment of application
15

fee and payment of that fee would result in substantial
16

hardship to the person or the person's family.
17

(g) If a person with a proof of a permanent resident card
18
is an Illinois State Police officer and the person's permanent
19
resident card becomes invalid, then the Director of State
20
Police and the Board shall provide the person with 6 months
21
from the date that the person's permanent resident card became
22
invalid to receive a new permanent resident card or to have the
23
person's invalid permanent resident card to be reissued.

24

(h) As used in this Section, "person with proof of a
25
permanent resident card" means any person that is not a
26
citizen or national of the United States, that has the status

HB5586
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LRB104 16938 RTM 30352 b
1
of having been lawfully accorded the privilege of residing
2
permanently in the United States as an immigrant in accordance
3
with the immigration laws, such status not having changed, and
4
that has received a permanent resident card.

5
(Source: P.A. 102-538, eff. 8-20-21; 102-694, eff. 1-7-22;
6
102-813, eff. 5-13-22; 103-154, eff. 6-30-23; 103-312, eff.
7
1-1-24
.)

8

Section 10.
The Counties Code is amended by changing
9
Section 3-6033 as follows:

10

(55 ILCS 5/3-6033)

(from Ch. 34, par. 3-6033)
11

Sec. 3-6033.
Citizenship and residence.
12

(a)
The sheriff of any county or the corporate authorities
13
of any municipality may authorize, empower, employ, or permit
14
a person to act as deputy sheriff or special policeman for the
15
purpose of preserving the peace who is a citizen of the United
16
States, who is legally authorized under federal law to work in
17
the United States and is authorized under federal law to
18
obtain, carry, or purchase or otherwise possess a firearm, or
19
who is an individual against whom immigration action has been
20
deferred by the U.S. Citizenship and Immigration Services
21
under the federal Deferred Action for Childhood Arrivals
22
(DACA) process and is authorized under federal law to obtain,
23
carry, or purchase or otherwise possess a firearm.
24

(b) If a person is a person with proof of a permanent

HB5586
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LRB104 16938 RTM 30352 b
1
resident card, then the sheriff of any county or the corporate
2
authorities of any municipality may not deny employment to
3
that person on the basis that the person is not a citizen of
4
the United States.
5

(c) If a person with a proof of a permanent resident card
6
is a Department of Corrections officer and the person's
7
permanent resident card becomes invalid, then the sheriff of
8
any county or the corporate authorities of any municipality
9
shall provide the person with 6 months from the date that the
10
person's permanent resident card became invalid to receive a
11
new permanent resident card or to have the person's invalid
12
permanent resident card to be reissued.
13

(d) As used in this Section, "person with proof of a
14
permanent resident card" means any person that is not a
15
citizen or national of the United States, that has the status
16
of having been lawfully accorded the privilege of residing
17
permanently in the United States as an immigrant in accordance
18
with the immigration laws, such status not having changed, and
19
that has received a permanent resident card.
20
(Source: P.A. 103-357, eff. 1-1-24
.)

21

Section 99.
Effective date.
This Act takes effect July 1,
22
2026.

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