Rep. Bob Morgan

Filed: 3/21/2024

 

 


 

 


 
10300HB5368ham002LRB103 39260 AWJ 70983 a

1
AMENDMENT TO HOUSE BILL 5368

2    AMENDMENT NO. ______. Amend House Bill 5368, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois State Police Law of the Civil
6Administrative Code of Illinois is amended by changing Section
72605-51 as follows:
 
8    (20 ILCS 2605/2605-51)
9    Sec. 2605-51. Division of the Academy and Training.
10    (a) The Division of the Academy and Training shall
11exercise, but not be limited to, the following functions:
12        (1) Oversee and operate the Illinois State Police
13    Training Academy.
14        (2) Train and prepare new officers for a career in law
15    enforcement, with innovative, quality training and
16    educational practices.

 

 

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1        (3) Offer continuing training and educational programs
2    for Illinois State Police employees.
3        (4) Oversee the Illinois State Police's recruitment
4    initiatives.
5        (5) Oversee and operate the Illinois State Police's
6    quartermaster.
7        (6) Duties assigned to the Illinois State Police in
8    Article 5, Chapter 11 of the Illinois Vehicle Code
9    concerning testing and training officers on the detection
10    of impaired driving.
11        (7) Duties assigned to the Illinois State Police in
12    Article 108B of the Code of Criminal Procedure.
13    (a-5) Successful completion of the Illinois State Police
14Academy satisfies the minimum standards pursuant to
15subsections (a), (b), and (d) of Section 7 of the Illinois
16Police Training Act and exempts State police officers from the
17Illinois Law Enforcement Training Standards Board's State
18Comprehensive Examination and Equivalency Examination.
19Satisfactory completion shall be evidenced by a commission or
20certificate issued to the officer.
21    (b) The Division of the Academy and Training shall
22exercise the rights, powers, and duties vested in the former
23Division of State Troopers by Section 17 of the Illinois State
24Police Act.
25    (c) Specialized training.
26        (1) Training; cultural diversity. The Division of the

 

 

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1    Academy and Training shall provide training and continuing
2    education to State police officers concerning cultural
3    diversity, including sensitivity toward racial and ethnic
4    differences. This training and continuing education shall
5    include, but not be limited to, an emphasis on the fact
6    that the primary purpose of enforcement of the Illinois
7    Vehicle Code is safety and equal and uniform enforcement
8    under the law.
9        (2) Training; death and homicide investigations. The
10    Division of the Academy and Training shall provide
11    training in death and homicide investigation for State
12    police officers. Only State police officers who
13    successfully complete the training may be assigned as lead
14    investigators in death and homicide investigations.
15    Satisfactory completion of the training shall be evidenced
16    by a certificate issued to the officer by the Division of
17    the Academy and Training. The Director shall develop a
18    process for waiver applications for officers whose prior
19    training and experience as homicide investigators may
20    qualify them for a waiver. The Director may issue a
21    waiver, at his or her discretion, based solely on the
22    prior training and experience of an officer as a homicide
23    investigator.
24            (A) The Division shall require all homicide
25        investigator training to include instruction on
26        victim-centered, trauma-informed investigation. This

 

 

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1        training must be implemented by July 1, 2023.
2            (B) The Division shall cooperate with the Division
3        of Criminal Investigation to develop a model
4        curriculum on victim-centered, trauma-informed
5        investigation. This curriculum must be implemented by
6        July 1, 2023.
7        (3) Training; police dog training standards. All
8    police dogs used by the Illinois State Police for drug
9    enforcement purposes pursuant to the Cannabis Control Act,
10    the Illinois Controlled Substances Act, and the
11    Methamphetamine Control and Community Protection Act shall
12    be trained by programs that meet the certification
13    requirements set by the Director or the Director's
14    designee. Satisfactory completion of the training shall be
15    evidenced by a certificate issued by the Division of the
16    Academy and Training.
17        (4) Training; post-traumatic stress disorder. The
18    Division of the Academy and Training shall conduct or
19    approve a training program in post-traumatic stress
20    disorder for State police officers. The purpose of that
21    training shall be to equip State police officers to
22    identify the symptoms of post-traumatic stress disorder
23    and to respond appropriately to individuals exhibiting
24    those symptoms.
25        (5) Training; opioid antagonists. The Division of the
26    Academy and Training shall conduct or approve a training

 

 

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1    program for State police officers in the administration of
2    opioid antagonists as defined in paragraph (1) of
3    subsection (e) of Section 5-23 of the Substance Use
4    Disorder Act that is in accordance with that Section. As
5    used in this Section, "State police officers" includes
6    full-time or part-time State police officers,
7    investigators, and any other employee of the Illinois
8    State Police exercising the powers of a peace officer.
9        (6) Training; sexual assault and sexual abuse.
10            (A) Every 3 years, the Division of the Academy and
11        Training shall present in-service training on sexual
12        assault and sexual abuse response and report writing
13        training requirements, including, but not limited to,
14        the following:
15                (i) recognizing the symptoms of trauma;
16                (ii) understanding the role trauma has played
17            in a victim's life;
18                (iii) responding to the needs and concerns of
19            a victim;
20                (iv) delivering services in a compassionate,
21            sensitive, and nonjudgmental manner;
22                (v) interviewing techniques in accordance with
23            the curriculum standards in this paragraph (6);
24                (vi) understanding cultural perceptions and
25            common myths of sexual assault and sexual abuse;
26            and

 

 

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1                (vii) report writing techniques in accordance
2            with the curriculum standards in this paragraph
3            (6).
4            (B) This training must also be presented in all
5        full and part-time basic law enforcement academies.
6            (C) Instructors providing this training shall have
7        successfully completed training on evidence-based,
8        trauma-informed, victim-centered responses to cases of
9        sexual assault and sexual abuse and have experience
10        responding to sexual assault and sexual abuse cases.
11            (D) The Illinois State Police shall adopt rules,
12        in consultation with the Office of the Attorney
13        General and the Illinois Law Enforcement Training
14        Standards Board, to determine the specific training
15        requirements for these courses, including, but not
16        limited to, the following:
17                (i) evidence-based curriculum standards for
18            report writing and immediate response to sexual
19            assault and sexual abuse, including
20            trauma-informed, victim-centered interview
21            techniques, which have been demonstrated to
22            minimize retraumatization, for all State police
23            officers; and
24                (ii) evidence-based curriculum standards for
25            trauma-informed, victim-centered investigation
26            and interviewing techniques, which have been

 

 

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1            demonstrated to minimize retraumatization, for
2            cases of sexual assault and sexual abuse for all
3            State police officers who conduct sexual assault
4            and sexual abuse investigations.
5        (7) Training; human trafficking. The Division of the
6    Academy and Training shall conduct or approve a training
7    program in the detection and investigation of all forms of
8    human trafficking, including, but not limited to,
9    involuntary servitude under subsection (b) of Section 10-9
10    of the Criminal Code of 2012, involuntary sexual servitude
11    of a minor under subsection (c) of Section 10-9 of the
12    Criminal Code of 2012, and trafficking in persons under
13    subsection (d) of Section 10-9 of the Criminal Code of
14    2012. This program shall be made available to all cadets
15    and State police officers.
16        (8) Training; hate crimes. The Division of the Academy
17    and Training shall provide training for State police
18    officers in identifying, responding to, and reporting all
19    hate crimes, as defined in Section 12-7.1 of the Criminal
20    Code of 2012. The training curriculum may include material
21    to help officers distinguish hate crimes from other
22    crimes, to help officers in understanding and assisting
23    victims of hate crimes, and to ensure that hate crimes
24    will be accurately reported. The Illinois State Police
25    shall review the training curriculum biennially and may
26    consult with the Commission on Discrimination and Hate

 

 

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1    Crimes to update the training curriculum as needed.
2    (d) The Division of the Academy and Training shall
3administer and conduct a program consistent with 18 U.S.C.
4926B and 926C for qualified active and retired Illinois State
5Police officers.
6(Source: P.A. 102-538, eff. 8-20-21; 102-756, eff. 5-10-22;
7102-813, eff. 5-13-22; 103-34, eff. 1-1-24.)
 
8    Section 10. The Illinois Police Training Act is amended by
9changing Section 7 and by adding Section 10.25 as follows:
 
10    (50 ILCS 705/7)
11    Sec. 7. Rules and standards for schools. The Board shall
12adopt rules and minimum standards for such schools which shall
13include, but not be limited to, the following:
14        a. The curriculum for probationary law enforcement
15    officers which shall be offered by all certified schools
16    shall include, but not be limited to, courses of
17    procedural justice, arrest and use and control tactics,
18    search and seizure, including temporary questioning, civil
19    rights, human rights, human relations, cultural
20    competency, including implicit bias and racial and ethnic
21    sensitivity, criminal law, law of criminal procedure,
22    constitutional and proper use of law enforcement
23    authority, crisis intervention training, vehicle and
24    traffic law including uniform and non-discriminatory

 

 

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1    enforcement of the Illinois Vehicle Code, traffic control
2    and crash investigation, techniques of obtaining physical
3    evidence, court testimonies, statements, reports, firearms
4    training, training in the use of electronic control
5    devices, including the psychological and physiological
6    effects of the use of those devices on humans, first-aid
7    (including cardiopulmonary resuscitation), training in the
8    administration of opioid antagonists as defined in
9    paragraph (1) of subsection (e) of Section 5-23 of the
10    Substance Use Disorder Act, handling of juvenile
11    offenders, recognition of mental conditions and crises,
12    including, but not limited to, the disease of addiction,
13    which require immediate assistance and response and
14    methods to safeguard and provide assistance to a person in
15    need of mental treatment, recognition of abuse, neglect,
16    financial exploitation, and self-neglect of adults with
17    disabilities and older adults, as defined in Section 2 of
18    the Adult Protective Services Act, crimes against the
19    elderly, hate crimes and crimes motivated by bias, law of
20    evidence, the hazards of high-speed police vehicle chases
21    with an emphasis on alternatives to the high-speed chase,
22    and physical training. The curriculum shall include
23    specific training in techniques for immediate response to
24    and investigation of cases of domestic violence and of
25    sexual assault of adults and children, including cultural
26    perceptions and common myths of sexual assault and sexual

 

 

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1    abuse as well as interview techniques that are age
2    sensitive and are trauma informed, victim centered, and
3    victim sensitive. The curriculum shall include training in
4    techniques designed to promote effective communication at
5    the initial contact with crime victims and ways to
6    comprehensively explain to victims and witnesses their
7    rights under the Rights of Crime Victims and Witnesses Act
8    and the Crime Victims Compensation Act. The curriculum
9    shall also include training in effective recognition of
10    and responses to stress, trauma, and post-traumatic stress
11    experienced by law enforcement officers that is consistent
12    with Section 25 of the Illinois Mental Health First Aid
13    Training Act in a peer setting, including recognizing
14    signs and symptoms of work-related cumulative stress,
15    issues that may lead to suicide, and solutions for
16    intervention with peer support resources. The curriculum
17    shall include a block of instruction addressing the
18    mandatory reporting requirements under the Abused and
19    Neglected Child Reporting Act. The curriculum shall also
20    include a block of instruction aimed at identifying and
21    interacting with persons with autism and other
22    developmental or physical disabilities, reducing barriers
23    to reporting crimes against persons with autism, and
24    addressing the unique challenges presented by cases
25    involving victims or witnesses with autism and other
26    developmental disabilities. The curriculum shall include

 

 

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1    training in the detection and investigation of all forms
2    of human trafficking. The curriculum shall also include
3    instruction in trauma-informed responses designed to
4    ensure the physical safety and well-being of a child of an
5    arrested parent or immediate family member; this
6    instruction must include, but is not limited to: (1)
7    understanding the trauma experienced by the child while
8    maintaining the integrity of the arrest and safety of
9    officers, suspects, and other involved individuals; (2)
10    de-escalation tactics that would include the use of force
11    when reasonably necessary; and (3) inquiring whether a
12    child will require supervision and care. The curriculum
13    for probationary law enforcement officers shall include:
14    (1) at least 12 hours of hands-on, scenario-based
15    role-playing; (2) at least 6 hours of instruction on use
16    of force techniques, including the use of de-escalation
17    techniques to prevent or reduce the need for force
18    whenever safe and feasible; (3) specific training on
19    officer safety techniques, including cover, concealment,
20    and time; and (4) at least 6 hours of training focused on
21    high-risk traffic stops. The curriculum for permanent law
22    enforcement officers shall include, but not be limited to:
23    (1) refresher and in-service training in any of the
24    courses listed above in this subparagraph, (2) advanced
25    courses in any of the subjects listed above in this
26    subparagraph, (3) training for supervisory personnel, and

 

 

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1    (4) specialized training in subjects and fields to be
2    selected by the board. The training in the use of
3    electronic control devices shall be conducted for
4    probationary law enforcement officers, including
5    University police officers. The curriculum shall also
6    include training on the use of a firearms restraining
7    order by providing instruction on the process used to file
8    a firearms restraining order and how to identify
9    situations in which a firearms restraining order is
10    appropriate.
11        b. Minimum courses of study, attendance requirements
12    and equipment requirements.
13        c. Minimum requirements for instructors.
14        d. Minimum basic training requirements, which a
15    probationary law enforcement officer must satisfactorily
16    complete before being eligible for permanent employment as
17    a local law enforcement officer for a participating local
18    governmental or State governmental agency. Those
19    requirements shall include training in first aid
20    (including cardiopulmonary resuscitation).
21        e. Minimum basic training requirements, which a
22    probationary county corrections officer must
23    satisfactorily complete before being eligible for
24    permanent employment as a county corrections officer for a
25    participating local governmental agency.
26        f. Minimum basic training requirements which a

 

 

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1    probationary court security officer must satisfactorily
2    complete before being eligible for permanent employment as
3    a court security officer for a participating local
4    governmental agency. The Board shall establish those
5    training requirements which it considers appropriate for
6    court security officers and shall certify schools to
7    conduct that training.
8        A person hired to serve as a court security officer
9    must obtain from the Board a certificate (i) attesting to
10    the officer's successful completion of the training
11    course; (ii) attesting to the officer's satisfactory
12    completion of a training program of similar content and
13    number of hours that has been found acceptable by the
14    Board under the provisions of this Act; or (iii) attesting
15    to the Board's determination that the training course is
16    unnecessary because of the person's extensive prior law
17    enforcement experience.
18        Individuals who currently serve as court security
19    officers shall be deemed qualified to continue to serve in
20    that capacity so long as they are certified as provided by
21    this Act within 24 months of June 1, 1997 (the effective
22    date of Public Act 89-685). Failure to be so certified,
23    absent a waiver from the Board, shall cause the officer to
24    forfeit his or her position.
25        All individuals hired as court security officers on or
26    after June 1, 1997 (the effective date of Public Act

 

 

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1    89-685) shall be certified within 12 months of the date of
2    their hire, unless a waiver has been obtained by the
3    Board, or they shall forfeit their positions.
4        The Sheriff's Merit Commission, if one exists, or the
5    Sheriff's Office if there is no Sheriff's Merit
6    Commission, shall maintain a list of all individuals who
7    have filed applications to become court security officers
8    and who meet the eligibility requirements established
9    under this Act. Either the Sheriff's Merit Commission, or
10    the Sheriff's Office if no Sheriff's Merit Commission
11    exists, shall establish a schedule of reasonable intervals
12    for verification of the applicants' qualifications under
13    this Act and as established by the Board.
14        g. Minimum in-service training requirements, which a
15    law enforcement officer must satisfactorily complete every
16    3 years. Those requirements shall include constitutional
17    and proper use of law enforcement authority, procedural
18    justice, civil rights, human rights, reporting child abuse
19    and neglect, hate crimes and crimes motivated by bias, and
20    cultural competency, including implicit bias and racial
21    and ethnic sensitivity. These trainings shall consist of
22    at least 30 hours of training every 3 years.
23        h. Minimum in-service training requirements, which a
24    law enforcement officer must satisfactorily complete at
25    least annually. Those requirements shall include law
26    updates, emergency medical response training and

 

 

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1    certification, crisis intervention training, and officer
2    wellness and mental health.
3        i. Minimum in-service training requirements as set
4    forth in Section 10.6.
5    Notwithstanding any provision of law to the contrary, the
6changes made to this Section by Public Act 101-652, Public Act
7102-28, and Public Act 102-694 take effect July 1, 2022.
8(Source: P.A. 102-28, eff. 6-25-21; 102-345, eff. 6-1-22;
9102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff.
107-1-23; 103-154, eff. 6-30-23.)
 
11    (50 ILCS 705/10.25 new)
12    Sec. 10.25. Training; crimes motivated by bias.
13    (a) The Board shall develop or approve a course to assist
14law enforcement officers in identifying, responding to, and
15reporting crimes committed in whole or in substantial part
16because of the victim's or another's actual or perceived race,
17color, ethnicity, religion, sex, gender, sexual orientation,
18gender identity, gender expression, age, national origin, or
19disability, or because of the victim's actual or perceived
20association with another person or group of a certain actual
21or perceived race, color, ethnicity, religion, sex, gender,
22sexual orientation, gender identity, gender expression, age,
23national origin, or disability.
24    Each course must include instruction to help officers
25distinguish bias crimes from other crimes, to help officers in

 

 

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1understanding and assisting victims of these crimes, and to
2ensure that bias crimes will be accurately reported. The Board
3must, within a reasonable amount of time, update this course
4to conform with national trends and best practices.
5    In updating the approved training courses described in
6this subsection, the Board may consult with and incorporate
7input from the Commission on Discrimination and Hate Crimes.
8    (b) The Board is encouraged to adopt model policies to
9assist law enforcement agencies in developing policies related
10to hate crimes and crimes motivated by violence. The Board may
11consult with the Commission on Discrimination and Hate Crimes
12or other entities to develop these policies.
13    (c) The Board must periodically conduct an educational
14conference to inform and sensitize chief law enforcement
15officers, community service providers, and other interested
16persons to the law enforcement issues associated with bias
17crimes. The Board may partner with other public or private
18entities to sponsor and conduct these conferences.".