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Full Text of HB2696  101st General Assembly

HB2696 101ST GENERAL ASSEMBLY

  
  

 


 
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.


LRB101 10427 AWJ 55533 b

FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2696LRB101 10427 AWJ 55533 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Natural Resources
5(Conservation) Law of the Civil Administrative Code of Illinois
6is amended by adding Section 805-536 as follows:
 
7    (20 ILCS 805/805-536 new)
8    Sec. 805-536. Automated external defibrillators; training.
9The Department shall, in accordance with the requirements of
10the Automated External Defibrillator Act, ensure that:
11        (1) every patrol vehicle of the Department is equipped
12    with an operational and accessible automated external
13    defibrillator that meets the requirements of the Automated
14    External Defibrillator Act;
15        (2) all sworn conservation police officers are trained
16    to administer an automated external defibrillator in
17    accordance with the Automated External Defibrillator Act;
18        (3) each of the Department's facilities is equipped
19    with an operational and accessible automated external
20    defibrillator that meets the requirements of the Automated
21    External Defibrillator Act; and
22        (4) an adequate number of personnel are trained to
23    administer the automated external defibrillator located at

 

 

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1    the Department's facilities.
2    An automated external defibrillator user is not liable for
3civil damages as provided in Section 30 of the Automated
4External Defibrillator Act.
 
5    Section 10. The State Police Act is amended by adding
6Section 37 as follows:
 
7    (20 ILCS 2610/37 new)
8    Sec. 37. Automated external defibrillator; training.
9    (a) As used in this Section, "State police officers"
10includes full-time or part-time State troopers, police
11officers, investigators, or any other employee of the
12Department exercising the powers of a peace officer.
13    (b) The Department shall, in accordance with the
14requirements of the Automated External Defibrillator Act,
15ensure that:
16        (1) every patrol vehicle of the Department is equipped
17    with an operational and accessible automated external
18    defibrillator that meets the requirements of the Automated
19    External Defibrillator Act;
20        (2) all state police officers are trained to administer
21    an automated external defibrillator in accordance with the
22    Automated External Defibrillator Act;
23        (3) each of the Department's facilities is equipped
24    with an operational and accessible automated external

 

 

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1    defibrillator that meets the requirements of the Automated
2    External Defibrillator Act; and
3        (4) an adequate number of personnel are trained to
4    administer the automated external defibrillator located at
5    the Department's facilities.
6    (c) The Department shall adopt rules for the training of
7all State police officers as automated external defibrillator
8users, in accordance with the Automated External Defibrillator
9Act.
10    (d) An automated external defibrillator user is not liable
11for civil damages as provided in Section 30 of the Automated
12External Defibrillator Act.
 
13    Section 15. The Illinois Police Training Act is amended by
14changing Section 7 and by adding Section 10.23 as follows:
 
15    (50 ILCS 705/7)  (from Ch. 85, par. 507)
16    Sec. 7. Rules and standards for schools. The Board shall
17adopt rules and minimum standards for such schools which shall
18include, but not be limited to, the following:
19        a. The curriculum for probationary police officers
20    which shall be offered by all certified schools shall
21    include, but not be limited to, courses of procedural
22    justice, arrest and use and control tactics, search and
23    seizure, including temporary questioning, civil rights,
24    human rights, human relations, cultural competency,

 

 

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1    including implicit bias and racial and ethnic sensitivity,
2    criminal law, law of criminal procedure, constitutional
3    and proper use of law enforcement authority, vehicle and
4    traffic law including uniform and non-discriminatory
5    enforcement of the Illinois Vehicle Code, traffic control
6    and accident investigation, techniques of obtaining
7    physical evidence, court testimonies, statements, reports,
8    firearms training, training in the use of electronic
9    control devices, including the psychological and
10    physiological effects of the use of those devices on
11    humans, first-aid (including cardiopulmonary
12    resuscitation), training in the administration of opioid
13    antagonists as defined in paragraph (1) of subsection (e)
14    of Section 5-23 of the Substance Use Disorder Act, training
15    probationary police officers as automated external
16    defibrillator users in accordance with the Automated
17    External Defibrillator Act, handling of juvenile
18    offenders, recognition of mental conditions and crises,
19    including, but not limited to, the disease of addiction,
20    which require immediate assistance and response and
21    methods to safeguard and provide assistance to a person in
22    need of mental treatment, recognition of abuse, neglect,
23    financial exploitation, and self-neglect of adults with
24    disabilities and older adults, as defined in Section 2 of
25    the Adult Protective Services Act, crimes against the
26    elderly, law of evidence, the hazards of high-speed police

 

 

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1    vehicle chases with an emphasis on alternatives to the
2    high-speed chase, and physical training. The curriculum
3    shall include specific training in techniques for
4    immediate response to and investigation of cases of
5    domestic violence and of sexual assault of adults and
6    children, including cultural perceptions and common myths
7    of sexual assault and sexual abuse as well as interview
8    techniques that are age sensitive and are trauma informed,
9    victim centered, and victim sensitive. The curriculum
10    shall include training in techniques designed to promote
11    effective communication at the initial contact with crime
12    victims and ways to comprehensively explain to victims and
13    witnesses their rights under the Rights of Crime Victims
14    and Witnesses Act and the Crime Victims Compensation Act.
15    The curriculum shall also include training in effective
16    recognition of and responses to stress, trauma, and
17    post-traumatic stress experienced by police officers. The
18    curriculum shall also include a block of instruction aimed
19    at identifying and interacting with persons with autism and
20    other developmental or physical disabilities, reducing
21    barriers to reporting crimes against persons with autism,
22    and addressing the unique challenges presented by cases
23    involving victims or witnesses with autism and other
24    developmental disabilities. The curriculum for permanent
25    police officers shall include, but not be limited to: (1)
26    refresher and in-service training in any of the courses

 

 

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1    listed above in this subparagraph, (2) advanced courses in
2    any of the subjects listed above in this subparagraph, (3)
3    training for supervisory personnel, and (4) specialized
4    training in subjects and fields to be selected by the
5    board. The training in the use of electronic control
6    devices shall be conducted for probationary police
7    officers, including University police officers.
8        b. Minimum courses of study, attendance requirements
9    and equipment requirements.
10        c. Minimum requirements for instructors.
11        d. Minimum basic training requirements, which a
12    probationary police officer must satisfactorily complete
13    before being eligible for permanent employment as a local
14    law enforcement officer for a participating local
15    governmental agency. Those requirements shall include
16    training in first aid (including cardiopulmonary
17    resuscitation).
18        e. Minimum basic training requirements, which a
19    probationary county corrections officer must
20    satisfactorily complete before being eligible for
21    permanent employment as a county corrections officer for a
22    participating local governmental agency.
23        f. Minimum basic training requirements which a
24    probationary court security officer must satisfactorily
25    complete before being eligible for permanent employment as
26    a court security officer for a participating local

 

 

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

 

 

HB2696- 8 -LRB101 10427 AWJ 55533 b

1        The Sheriff's Merit Commission, if one exists, or the
2    Sheriff's Office if there is no Sheriff's Merit Commission,
3    shall maintain a list of all individuals who have filed
4    applications to become court security officers and who meet
5    the eligibility requirements established under this Act.
6    Either the Sheriff's Merit Commission, or the Sheriff's
7    Office if no Sheriff's Merit Commission exists, shall
8    establish a schedule of reasonable intervals for
9    verification of the applicants' qualifications under this
10    Act and as established by the Board.
11        g. Minimum in-service training requirements, which a
12    police officer must satisfactorily complete every 3 years.
13    Those requirements shall include constitutional and proper
14    use of law enforcement authority, procedural justice,
15    civil rights, human rights, mental health awareness and
16    response, and cultural competency.
17        h. Minimum in-service training requirements, which a
18    police officer must satisfactorily complete at least
19    annually. Those requirements shall include law updates and
20    use of force training which shall include scenario based
21    training, or similar training approved by the Board.
22(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
23eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
24100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.
258-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
 

 

 

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1    (50 ILCS 705/10.23 new)
2    Sec. 10.23. Automated external defibrillators; training.
3    (a) As used in this Section, "police officers" includes
4full-time or part-time probationary police officers, permanent
5or part-time police officers, law enforcement officers,
6recruits, permanent or probationary county corrections
7officers, permanent or probationary county security officers,
8and court security officers. The term does not include
9auxiliary police officers, as that term is defined in Section
103.1-30-20 of the Illinois Municipal Code.
11    (b) The Board shall conduct or approve an in-service
12training program to train police officers as automated external
13defibrillator users in accordance with the Automated External
14Defibrillator Act.
 
15    Section 20. The Counties Code is amended by changing
16Section 3-6040 as follows:
 
17    (55 ILCS 5/3-6040)
18    Sec. 3-6040. Automated external defibrillators; training.
19The sheriff of each county shall, in accordance with the
20requirements of the Automated External Defibrillator Act,
21ensure that:
22        (1) his or her office is equipped with an operational
23    and accessible automated external defibrillator that meets
24    the requirements of the Automated External Defibrillator

 

 

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1    Act; and
2        (2) an adequate number of personnel in his or her
3    office is trained to administer the automated external
4    defibrillator in accordance with the Automated External
5    Defibrillator Act; .
6        (3) every patrol vehicle is equipped with an
7    operational and accessible automated external
8    defibrillator that meets the requirements of the Automated
9    External Defibrillator Act; and
10        (4) all sworn deputies of the office are trained to
11    administer an automated external defibrillator in
12    accordance with the Automated External Defibrillator Act.
13    An automated external defibrillator user is not liable for
14civil damages as provided in Section 30 of the Automated
15External Defibrillator Act.
16(Source: P.A. 99-246, eff. 1-1-16.)
 
17    Section 25. The Illinois Municipal Code is amended by
18changing Section 11-1-13 as follows:
 
19    (65 ILCS 5/11-1-13)
20    Sec. 11-1-13. Automated external defibrillators; training.
21The corporate authorities of each municipality shall, in
22accordance with the requirements of the Automated External
23Defibrillator Act, ensure that:
24        (1) each police department facility that employs 100 or

 

 

HB2696- 11 -LRB101 10427 AWJ 55533 b

1    more police officers is equipped with an operational and
2    accessible automated external defibrillator; and
3        (2) an adequate number of personnel in each police
4    department is trained to administer the automated external
5    defibrillators located at the department's facilities;
6    defibrillator.
7        (3) Every patrol vehicle of the police department is
8    equipped with an operational and accessible automated
9    external defibrillator that meets the requirements of the
10    Automated External Defibrillator Act; and
11        (4) All sworn officers of the department are trained to
12    administer an automated external defibrillator in
13    accordance with the Automated External Defibrillator Act.
14    An automated external defibrillator user is not liable for
15civil damages as provided in Section 30 of the Automated
16External Defibrillator Act.
17(Source: P.A. 99-246, eff. 1-1-16.)
 
18    Section 30. The Automated External Defibrillator Act is
19amended by changing Section 30 as follows:
 
20    (410 ILCS 4/30)
21    Sec. 30. Exemption from civil liability.
22    (a) A physician licensed in Illinois to practice medicine
23in all its branches who authorizes the purchase of an automated
24external defibrillator is not liable for civil damages as a

 

 

HB2696- 12 -LRB101 10427 AWJ 55533 b

1result of any act or omission arising out of authorizing the
2purchase of an automated external defibrillator, except for
3willful or wanton misconduct, if the requirements of this Act
4are met.
5    (b) An individual or entity providing training in the use
6of automated external defibrillators is not liable for civil
7damages as a result of any act or omission involving the use of
8an automated external defibrillator, except for willful or
9wanton misconduct, if the requirements of this Act are met.
10    (c) A person, unit of State or local government, sheriff's
11office, municipal police department, or school district
12owning, occupying, or managing the premises or vehicle where an
13automated external defibrillator is located is not liable for
14civil damages as a result of any act or omission involving the
15use of an automated external defibrillator, except for willful
16or wanton misconduct, if the requirements of this Act are met.
17    (d) An AED user is not liable for civil damages as a result
18of any act or omission involving the use of an automated
19external defibrillator in an emergency situation, except for
20willful or wanton misconduct, if the requirements of this Act
21are met.
22    (e) This Section does not apply to a public hospital.
23(Source: P.A. 99-246, eff. 1-1-16.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.