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HB 3859

Relating to education governance bodies; declaring an emergency.

2025 Regular Session Introduced by Christine Drazan

Non-home rule Illinois municipalities can appoint deputy or assistant deputy chiefs from experienced sworn officers of other municipalities, five years min, effective immediately.

In committee upon adjournment.
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Bill Summary · HB 3859

HB 3859 — Summary (Illinois, 104th General Assembly)

Title: Relating to education governance bodies; declaring an emergency.
Bill #: HB 3859 (Rep. Ryan Spain) — companion: SB 1917
Introduced: 2/18/2025; Effective: immediate upon enactment (emergency clause)
Current status: In committee upon adjournment (as of 2025-06-28)

Main purpose

HB 3859 amends Section 10-2.1-4 of the Illinois Municipal Code to expand the pool of officers who may be appointed to certain senior police positions in non‑home rule municipalities. Specifically, it allows municipalities to appoint deputy (or assistant deputy) chiefs from sworn officers of other municipalities, provided the officer has at least five years of full‑time service as a police officer.

Key provisions

  • Current law: deputy chiefs must be appointed from among the municipality’s own sworn, full‑time police officers.
  • Change proposed:
    • In non‑home rule municipalities with population of 130,000 or fewer, the deputy chief of police may be appointed from sworn officers of any other municipality (not limited to the hiring municipality).
    • In non‑home rule municipalities with population greater than 130,000, a deputy or assistant deputy chief may be appointed from sworn officers of any other municipality.
    • Eligibility condition: the outside officer must have at least 5 years of full‑time service as a police officer.
  • The bill contains an emergency/effective immediately clause: the amendment takes effect immediately upon enactment.

Who/what is affected

  • Non‑home rule municipalities in Illinois (distinguished by population thresholds in the bill).
  • Local police departments and current internal promotion practices — expands the eligible candidate pool for deputy-level positions to include experienced officers from other municipalities.
  • Individual officers with 5+ years of full‑time service in other Illinois municipalities who may now be eligible for external appointment to deputy or assistant deputy chief roles.
  • Potentially municipal personnel policies, collective bargaining agreements, and departmental promotion systems (practical effects depend on local ordinances and contracts).

Procedural / timeline notes

  • Filed and introduced in Feb–Mar 2025; referred to multiple committees (Rules, Transportation, Education at various points). Read first time 3/27/2025.
  • As of 2025-06-28 the bill is “in committee upon adjournment” (no final passage or enactment).
  • If enacted, the bill’s emergency clause makes the statutory change effective immediately.

Practical implications

  • Expands recruitment flexibility for non‑home rule municipalities seeking senior police leadership.
  • May reduce reliance on internal promotion for deputy roles and allow hiring proven mid‑career leaders from outside departments.
  • Could raise local policy questions about seniority, rank continuity, pension/retirement implications, and collective bargaining; local ordinances and contracts will govern many implementation details.

Compiled from official sources — confirm details with the bill’s official record.

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