HB2696 101ST GENERAL ASSEMBLY

LRB101 10427 AWJ 55533 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2696

Introduced , by Rep. David A. Welter

SYNOPSIS AS INTRODUCED:

20 ILCS 805/805-536 new
20 ILCS 2610/37 new
50 ILCS 705/7	from Ch. 85, par. 507
50 ILCS 705/10.23 new
55 ILCS 5/3-6040
65 ILCS 5/11-1-13
410 ILCS 4/30

Amends the Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois, State Police Act, Counties Code, and Illinois Municipal Code. Provides that State and local law enforcement vehicles and facilities shall be equipped with an operational and accessible automated external defibrillator. Requires training for users of automated external defibrillators. Provides that users are exempt from liability for acts or omissions involving automated external defibrillators, except for willful or wanton misconduct. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall conduct or approve an in-service training program to train police officers as automated external defibrillator users. Amends the Automated External Defibrillator Act. Adds vehicles (rather than only premises) to the limitation of liability for automated external defibrillators. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Department of Natural Resources (Conservation) Law of the Civil Administrative Code of Illinois is amended by adding Section 805-536 as follows:

(20 ILCS 805/805-536 new)

Sec. 805-536. Automated external defibrillators; training. The Department shall, in accordance with the requirements of the Automated External Defibrillator Act, ensure that:

(1) every patrol vehicle of the Department is equipped with an operational and accessible automated external defibrillator that meets the requirements of the Automated External Defibrillator Act;

(2) all sworn conservation police officers are trained to administer an automated external defibrillator in accordance with the Automated External Defibrillator Act;

(3) each of the Department's facilities is equipped with an operational and accessible automated external defibrillator that meets the requirements of the Automated External Defibrillator Act; and

(4) an adequate number of personnel are trained to administer the automated external defibrillator located at the Department's facilities.

An automated external defibrillator user is not liable for civil damages as provided in Section 30 of the Automated External Defibrillator Act.

Section 10. The State Police Act is amended by adding Section 37 as follows:

(20 ILCS 2610/37 new)

Sec. 37. Automated external defibrillator; training.

(a) As used in this Section, "State police officers" includes full-time or part-time State troopers, police officers, investigators, or any other employee of the Department exercising the powers of a peace officer.

(b) The Department shall, in accordance with the requirements of the Automated External Defibrillator Act, ensure that:

(1) every patrol vehicle of the Department is equipped with an operational and accessible automated external defibrillator that meets the requirements of the Automated External Defibrillator Act;

(2) all state police officers are trained to administer an automated external defibrillator in accordance with the Automated External Defibrillator Act;

(3) each of the Department's facilities is equipped with an operational and accessible automated external defibrillator that meets the requirements of the Automated External Defibrillator Act; and

(4) an adequate number of personnel are trained to administer the automated external defibrillator located at the Department's facilities.

(c) The Department shall adopt rules for the training of all State police officers as automated external defibrillator users, in accordance with the Automated External Defibrillator Act.

(d) An automated external defibrillator user is not liable for civil damages as provided in Section 30 of the Automated External Defibrillator Act.

Section 15. The Illinois Police Training Act is amended by changing Section 7 and by adding Section 10.23 as follows:

(50 ILCS 705/7) (from Ch. 85, par. 507)

Sec. 7. Rules and standards for schools. The Board shall adopt rules and minimum standards for such schools which shall include, but not be limited to, the following:

a. The curriculum for probationary police officers which shall be offered by all certified schools shall include, but not be limited to, courses of procedural justice, arrest and use and control tactics, search and seizure, including temporary questioning, civil rights, human rights, human relations, cultural competency, including implicit bias and racial and ethnic sensitivity, criminal law, law of criminal procedure, constitutional and proper use of law enforcement authority, vehicle and traffic law including uniform and non-discriminatory enforcement of the Illinois Vehicle Code, traffic control and accident investigation, techniques of obtaining physical evidence, court testimonies, statements, reports, firearms training, training in the use of electronic control devices, including the psychological and physiological effects of the use of those devices on humans, first-aid (including cardiopulmonary resuscitation), training in the administration of opioid antagonists as defined in paragraph (1) of subsection (e) of Section 5-23 of the Substance Use Disorder Act, training probationary police officers as automated external defibrillator users in accordance with the Automated External Defibrillator Act, handling of juvenile offenders, recognition of mental conditions and crises, including, but not limited to, the disease of addiction, which require immediate assistance and response and methods to safeguard and provide assistance to a person in need of mental treatment, recognition of abuse, neglect, financial exploitation, and self-neglect of adults with disabilities and older adults, as defined in Section 2 of the Adult Protective Services Act, crimes against the elderly, law of evidence, the hazards of high-speed police vehicle chases with an emphasis on alternatives to the high-speed chase, and physical training. The curriculum shall include specific training in techniques for immediate response to and investigation of cases of domestic violence and of sexual assault of adults and children, including cultural perceptions and common myths of sexual assault and sexual abuse as well as interview techniques that are age sensitive and are trauma informed, victim centered, and victim sensitive. The curriculum shall include training in techniques designed to promote effective communication at the initial contact with crime victims and ways to comprehensively explain to victims and witnesses their rights under the Rights of Crime Victims and Witnesses Act and the Crime Victims Compensation Act. The curriculum shall also include training in effective recognition of and responses to stress, trauma, and post-traumatic stress experienced by police officers. The curriculum shall also include a block of instruction aimed at identifying and interacting with persons with autism and other developmental or physical disabilities, reducing barriers to reporting crimes against persons with autism, and addressing the unique challenges presented by cases involving victims or witnesses with autism and other developmental disabilities. The curriculum for permanent police officers shall include, but not be limited to: (1) refresher and in-service training in any of the courses listed above in this subparagraph, (2) advanced courses in any of the subjects listed above in this subparagraph, (3) training for supervisory personnel, and (4) specialized training in subjects and fields to be selected by the board. The training in the use of electronic control devices shall be conducted for probationary police officers, including University police officers.

b. Minimum courses of study, attendance requirements and equipment requirements.

c. Minimum requirements for instructors.

d. Minimum basic training requirements, which a probationary police officer must satisfactorily complete before being eligible for permanent employment as a local law enforcement officer for a participating local governmental agency. Those requirements shall include training in first aid (including cardiopulmonary resuscitation).

e. Minimum basic training requirements, which a probationary county corrections officer must satisfactorily complete before being eligible for permanent employment as a county corrections officer for a participating local governmental agency.

f. Minimum basic training requirements which a probationary court security officer must satisfactorily complete before being eligible for permanent employment as a court security officer for a participating local governmental agency. The Board shall establish those training requirements which it considers appropriate for court security officers and shall certify schools to conduct that training.

A person hired to serve as a court security officer must obtain from the Board a certificate (i) attesting to his or her successful completion of the training course; (ii) attesting to his or her satisfactory completion of a training program of similar content and number of hours that has been found acceptable by the Board under the provisions of this Act; or (iii) attesting to the Board's determination that the training course is unnecessary because of the person's extensive prior law enforcement experience.

Individuals who currently serve as court security officers shall be deemed qualified to continue to serve in that capacity so long as they are certified as provided by this Act within 24 months of June 1, 1997 (the effective date of Public Act 89-685). Failure to be so certified, absent a waiver from the Board, shall cause the officer to forfeit his or her position.

All individuals hired as court security officers on or after June 1, 1997 (the effective date of Public Act 89-685) shall be certified within 12 months of the date of their hire, unless a waiver has been obtained by the Board, or they shall forfeit their positions.

The Sheriff's Merit Commission, if one exists, or the Sheriff's Office if there is no Sheriff's Merit Commission, shall maintain a list of all individuals who have filed applications to become court security officers and who meet the eligibility requirements established under this Act. Either the Sheriff's Merit Commission, or the Sheriff's Office if no Sheriff's Merit Commission exists, shall establish a schedule of reasonable intervals for verification of the applicants' qualifications under this Act and as established by the Board.

g. Minimum in-service training requirements, which a police officer must satisfactorily complete every 3 years. Those requirements shall include constitutional and proper use of law enforcement authority, procedural justice, civil rights, human rights, mental health awareness and response, and cultural competency.

h. Minimum in-service training requirements, which a police officer must satisfactorily complete at least annually. Those requirements shall include law updates and use of force training which shall include scenario based training, or similar training approved by the Board.

(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)

(50 ILCS 705/10.23 new)

Sec. 10.23. Automated external defibrillators; training.

(a) As used in this Section, "police officers" includes full-time or part-time probationary police officers, permanent or part-time police officers, law enforcement officers, recruits, permanent or probationary county corrections officers, permanent or probationary county security officers, and court security officers. The term does not include auxiliary police officers, as that term is defined in Section 3.1-30-20 of the Illinois Municipal Code.

(b) The Board shall conduct or approve an in-service training program to train police officers as automated external defibrillator users in accordance with the Automated External Defibrillator Act.

Section 20. The Counties Code is amended by changing Section 3-6040 as follows:

(55 ILCS 5/3-6040)

Sec. 3-6040. Automated external defibrillators; training. The sheriff of each county shall, in accordance with the requirements of the Automated External Defibrillator Act, ensure that:

(1) his or her office is equipped with an operational and accessible automated external defibrillator that meets the requirements of the Automated External Defibrillator Act; and

(2) an adequate number of personnel in his or her office is trained to administer the automated external defibrillator in accordance with the Automated External Defibrillator Act; .

(3) every patrol vehicle is equipped with an operational and accessible automated external defibrillator that meets the requirements of the Automated External Defibrillator Act; and

(4) all sworn deputies of the office are trained to administer an automated external defibrillator in accordance with the Automated External Defibrillator Act.

An automated external defibrillator user is not liable for civil damages as provided in Section 30 of the Automated External Defibrillator Act.

(Source: P.A. 99-246, eff. 1-1-16.)

Section 25. The Illinois Municipal Code is amended by changing Section 11-1-13 as follows:

(65 ILCS 5/11-1-13)

Sec. 11-1-13. Automated external defibrillators; training. The corporate authorities of each municipality shall, in accordance with the requirements of the Automated External Defibrillator Act, ensure that:

(1) each police department facility that employs 100 or more police officers is equipped with an operational and accessible automated external defibrillator; and

(2) an adequate number of personnel in each police department is trained to administer the automated external defibrillators located at the department's facilities; defibrillator.

(3) Every patrol vehicle of the police department is equipped with an operational and accessible automated external defibrillator that meets the requirements of the Automated External Defibrillator Act; and

(4) All sworn officers of the department are trained to administer an automated external defibrillator in accordance with the Automated External Defibrillator Act.

An automated external defibrillator user is not liable for civil damages as provided in Section 30 of the Automated External Defibrillator Act.

(Source: P.A. 99-246, eff. 1-1-16.)

Section 30. The Automated External Defibrillator Act is amended by changing Section 30 as follows:

(410 ILCS 4/30)

Sec. 30. Exemption from civil liability.

(a) A physician licensed in Illinois to practice medicine in all its branches who authorizes the purchase of an automated external defibrillator is not liable for civil damages as a result of any act or omission arising out of authorizing the purchase of an automated external defibrillator, except for willful or wanton misconduct, if the requirements of this Act are met.

(b) An individual or entity providing training in the use of automated external defibrillators is not liable for civil damages as a result of any act or omission involving the use of an automated external defibrillator, except for willful or wanton misconduct, if the requirements of this Act are met.

(c) A person, unit of State or local government, sheriff's office, municipal police department, or school district owning, occupying, or managing the premises or vehicle where an automated external defibrillator is located is not liable for civil damages as a result of any act or omission involving the use of an automated external defibrillator, except for willful or wanton misconduct, if the requirements of this Act are met.

(d) An AED user is not liable for civil damages as a result of any act or omission involving the use of an automated external defibrillator in an emergency situation, except for willful or wanton misconduct, if the requirements of this Act are met.

(e) This Section does not apply to a public hospital.

(Source: P.A. 99-246, eff. 1-1-16.)

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