HB5203 100TH GENERAL ASSEMBLY

LRB100 18699 RLC 33931 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5203

Introduced , by Rep. Nicholas K Smith

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-98
50 ILCS 705/10.21

Amends the Department of State Police Law of the Civil Administrative Code of Illinois and the Illinois Police Training Act. Provides that the Department of State Police, for State Police officers, and the Illinois Law Enforcement Training Standards Board, for local law enforcement officers, shall adopt rules to require law enforcement officers to receive victim sensitivity training concerning the investigation of incidents of sexual assault and sexual abuse, including the interviewing of victims, when the victim of the sexual assault or sexual abuse is under 13 years of age for all probationary, full-time, and part-time law enforcement officers. Provides that the training shall be at least 40 hours and the officer shall receive and successfully complete the training every 5 years.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning law enforcement training.

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

Section 5. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-98 as follows:

(20 ILCS 2605/2605-98)

Sec. 2605-98. Training; sexual assault and sexual abuse.

(a) The Department of State Police shall conduct or approve training programs in trauma-informed responses and investigations of sexual assault and sexual abuse, which include, but is not limited to, the following:

(1) recognizing the symptoms of trauma;

(2) understanding the role trauma has played in a victim's life;

(3) responding to the needs and concerns of a victim;

(4) delivering services in a compassionate, sensitive, and nonjudgmental manner;

(5) interviewing techniques in accordance with the curriculum standards in subsection (f) of this Section;

(6) understanding cultural perceptions and common myths of sexual assault and sexual abuse; and

(7) report writing techniques in accordance with the curriculum standards in subsection (f) of this Section.

(b) This training must be presented in all full and part-time basic law enforcement academies on or before July 1, 2018.

(c) The Department must present this training to all State police officers within 3 years after the effective date of this amendatory Act of the 99th General Assembly and must present in-service training on sexual assault and sexual abuse response and report writing training requirements every 3 years.

(d) The Department must provide to all State police officers who conduct sexual assault and sexual abuse investigations, specialized training on sexual assault and sexual abuse investigations within 2 years after the effective date of this amendatory Act of the 99th General Assembly and must present in-service training on sexual assault and sexual abuse investigations to these officers every 3 years.

(e) Instructors providing this training shall have successfully completed training on evidence-based, trauma-informed, victim-centered responses to cases of sexual assault and sexual abuse and have experience responding to sexual assault and sexual abuse cases.

(f) The Department shall adopt rules, in consultation with the Office of the Illinois Attorney General and the Illinois Law Enforcement Training Standards Board, to determine the specific training requirements for these courses, including, but not limited to, the following:

(1) evidence-based curriculum standards for report writing and immediate response to sexual assault and sexual abuse, including trauma-informed, victim-centered interview techniques, which have been demonstrated to minimize retraumatization, for all State police officers; and

(2) evidence-based curriculum standards for trauma-informed, victim-centered investigation and interviewing techniques, which have been demonstrated to minimize retraumatization, for cases of sexual assault and sexual abuse for all State Police officers who conduct sexual assault and sexual abuse investigations; and .

(3) victim sensitivity training concerning the investigation of incidents of sexual assault and sexual abuse, including the interviewing of victims, when the victim of the sexual assault or sexual abuse is under 13 years of age for all recruits and sworn State Police officers. The training shall be at least 40 hours and the officer shall receive and successfully complete the training every 5 years.

(Source: P.A. 99-801, eff. 1-1-17.)

Section 10. The Illinois Police Training Act is amended by changing Section 10.21 as follows:

(50 ILCS 705/10.21)

Sec. 10.21. Training; sexual assault and sexual abuse.

(a) The Illinois Law Enforcement Training Standards Board shall conduct or approve training programs in trauma-informed responses and investigations of sexual assault and sexual abuse, which include, but is not limited to, the following:

(1) recognizing the symptoms of trauma;

(2) understanding the role trauma has played in a victim's life;

(3) responding to the needs and concerns of a victim;

(4) delivering services in a compassionate, sensitive, and nonjudgmental manner;

(5) interviewing techniques in accordance with the curriculum standards in subsection (f) of this Section;

(6) understanding cultural perceptions and common myths of sexual assault and sexual abuse; and

(7) report writing techniques in accordance with the curriculum standards in subsection (f) of this Section.

(b) This training must be presented in all full and part-time basic law enforcement academies on or before July 1, 2018.

(c) Agencies employing law enforcement officers must present this training to all law enforcement officers within 3 years after January 1, 2017 (the effective date of Public Act 99-801) and must present in-service training on sexual assault and sexual abuse response and report writing training requirements every 3 years.

(d) Agencies employing law enforcement officers who conduct sexual assault and sexual abuse investigations must provide specialized training to these officers on sexual assault and sexual abuse investigations within 2 years after January 1, 2017 (the effective date of Public Act 99-801) and must present in-service training on sexual assault and sexual abuse investigations to these officers every 3 years.

(e) Instructors providing this training shall have successfully completed training on evidence-based, trauma-informed, victim-centered response to cases of sexual assault and sexual abuse and have experience responding to sexual assault and sexual abuse cases.

(f) The Board shall adopt rules, in consultation with the Office of the Illinois Attorney General and the Department of State Police, to determine the specific training requirements for these courses, including, but not limited to, the following:

(1) evidence-based curriculum standards for report writing and immediate response to sexual assault and sexual abuse, including trauma-informed, victim-centered interview techniques, which have been demonstrated to minimize retraumatization, for probationary police officers and all law enforcement officers; and

(2) evidence-based curriculum standards for trauma-informed, victim-centered investigation and interviewing techniques, which have been demonstrated to minimize retraumatization, for cases of sexual assault and sexual abuse for law enforcement officers who conduct sexual assault and sexual abuse investigations; and .

(3) victim sensitivity training concerning the investigation of incidents of sexual assault and sexual abuse, including the interviewing of victims, when the victim of the sexual assault or sexual abuse is under 13 years of age for all probationary, full-time, and part-time law enforcement officers. The training shall be at least 40 hours and the officer shall receive and successfully complete the training every 5 years.

(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)