HB5847 101ST GENERAL ASSEMBLY

LRB101 22235 RLC 73269 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5847

Introduced 11/10/2020, by Rep. Mary E. Flowers

SYNOPSIS AS INTRODUCED:

20 ILCS 2605/2605-56 new
50 ILCS 705/7.1 new
50 ILCS 705/8	from Ch. 85, par. 508

Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board, police training schools approved by the Board, law enforcement agencies, and units of local government may not initiate, administer, or conduct training programs that include warrior-style training, either directly or through a third party. Provides that the Board may not reimburse a law enforcement agency or unit of local government for any portion of training programs that include warrior-style training. Provides that law enforcement agencies and units of local government may not indemnify or otherwise provide liability protection for a peace officer for liability arising from the use of tactics derived from warrior-style training. Defines "warrior-style" training. Preempts home rule. Amends the Department of State Police Law of the Civil Administrative Code of Illinois to make conforming changes. Effective immediately.

A BILL FOR

AN ACT concerning police 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 adding Section 2605-56 as follows:

(20 ILCS 2605/2605-56 new)

Sec. 2605-56. Warrior-style training prohibited. (a) The Illinois State Police shall not initiate, administer, or conduct training programs that include warrior-style training.

(b) Notwithstanding any provision of law to the contrary including, but not limited to, the State Employee Indemnification Act, the Illinois State Police may not indemnify or otherwise provide liability protection for an Illinois State Police trooper, police officer, investigator, or other employee exercising the powers of a peace officer for liability arising from the use of tactics derived from warrior-style training.

(c) In this Section, "warrior-style training" means training for Illinois State Police troopers, police officers, investigators, or other employees exercising the powers of a peace officer that dehumanizes people or encourages aggressive conduct by peace officers during encounters with others in a manner that de-emphasizes the value of human life or constitutional rights, the result of which increases a peace officer's likelihood or willingness to use deadly force.

Section 10. The Illinois Police Training Act is amended by changing Section 8 and by adding Section 7.1 as follows:

(50 ILCS 705/7.1 new)

Sec. 7.1. Warrior-style training prohibited.

(a) The Board shall not initiate, administer, or conduct training programs that include warrior-style training. The curriculum approved by the Board for probationary police officers to be offered by all certified schools shall not include warrior-style training.

(b) No police training school or local governmental agency shall provide warrior-style training.

(c) The Board may not reimburse a law enforcement agency or a peace officer for any part of a course or other training that includes warrior-style training.

(d) A law enforcement agency may not provide warrior-style training, directly or through a third party, to a peace officer.

(e) Notwithstanding any provision of law to the contrary including, but not limited to, the Local Governmental and Governmental Employees Tort Immunity Act and Sections 1-4-5 and 1-4-6 of the Illinois Municipal Code, no local government agency may indemnify or otherwise provide liability protection for a peace officer for liability arising from the use of tactics derived from warrior-style training.

(f) In this Section, "warrior-style training" means training for peace officers that dehumanizes people or encourages aggressive conduct by peace officers during encounters with others in a manner that de-emphasizes the value of human life or constitutional rights, the result of which increases a peace officer's likelihood or willingness to use deadly force.

(50 ILCS 705/8) (from Ch. 85, par. 508)

Sec. 8. Participation required. All home rule local governmental units shall comply with Sections 7.1, 8.1, and 8.2 and any other mandatory provisions of this Act. This Act is a limitation on home rule powers under subsection (i) of Section 6 of Article VII of the Illinois Constitution.

(Source: P.A. 89-170, eff. 1-1-96.)

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