Illinois General Assembly - Full Text of HB1095
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Full Text of HB1095  102nd General Assembly

HB1095eng 102ND GENERAL ASSEMBLY



 


 
HB1095 EngrossedLRB102 03109 RLC 13122 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois State Police Law of the Civil
5Administrative Code of Illinois is amended by changing Section
62605-51 as follows:
 
7    (20 ILCS 2605/2605-51)
8    Sec. 2605-51. Division of the Academy and Training.
9    (a) The Division of the Academy and Training shall
10exercise, but not be limited to, the following functions:
11        (1) Oversee and operate the Illinois State Police
12    Training Academy.
13        (2) Train and prepare new officers for a career in law
14    enforcement, with innovative, quality training and
15    educational practices.
16        (3) Offer continuing training and educational programs
17    for Illinois State Police employees.
18        (4) Oversee the Illinois State Police's recruitment
19    initiatives.
20        (5) Oversee and operate the Illinois State Police's
21    quartermaster.
22        (6) Duties assigned to the Illinois State Police in
23    Article 5, Chapter 11 of the Illinois Vehicle Code

 

 

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1    concerning testing and training officers on the detection
2    of impaired driving.
3        (7) Duties assigned to the Illinois State Police in
4    Article 108B of the Code of Criminal Procedure.
5    (b) The Division of the Academy and Training shall
6exercise the rights, powers, and duties vested in the former
7Division of State Troopers by Section 17 of the Illinois State
8Police Act.
9    (c) Specialized training.
10        (1) Training; cultural diversity. The Division of the
11    Academy and Training shall provide training and continuing
12    education to State police officers concerning cultural
13    diversity, including sensitivity toward racial and ethnic
14    differences. This training and continuing education shall
15    include, but not be limited to, an emphasis on the fact
16    that the primary purpose of enforcement of the Illinois
17    Vehicle Code is safety and equal and uniform enforcement
18    under the law.
19        (2) Training; death and homicide investigations. The
20    Division of the Academy and Training shall provide
21    training in death and homicide investigation for State
22    police officers. Only State police officers who
23    successfully complete the training may be assigned as lead
24    investigators in death and homicide investigations.
25    Satisfactory completion of the training shall be evidenced
26    by a certificate issued to the officer by the Division of

 

 

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1    the Academy and Training. The Director shall develop a
2    process for waiver applications for officers whose prior
3    training and experience as homicide investigators may
4    qualify them for a waiver. The Director may issue a
5    waiver, at his or her discretion, based solely on the
6    prior training and experience of an officer as a homicide
7    investigator.
8            (A) The Division shall require all homicide
9        investigator training to include instruction on
10        victim-centered, trauma-informed investigation. This
11        training must be implemented by July 1, 2023.
12            (B) The Division shall cooperate with the Division
13        of Criminal Investigation to develop a model
14        curriculum on victim-centered, trauma-informed
15        investigation. This curriculum must be implemented by
16        July 1, 2023.
17        (3) Training; police dog training standards. All
18    police dogs used by the Illinois State Police for drug
19    enforcement purposes pursuant to the Cannabis Control Act,
20    the Illinois Controlled Substances Act, and the
21    Methamphetamine Control and Community Protection Act shall
22    be trained by programs that meet the certification
23    requirements set by the Director or the Director's
24    designee. Satisfactory completion of the training shall be
25    evidenced by a certificate issued by the Division of the
26    Academy and Training.

 

 

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1        (4) Training; post-traumatic stress disorder. The
2    Division of the Academy and Training shall conduct or
3    approve a training program in post-traumatic stress
4    disorder for State police officers. The purpose of that
5    training shall be to equip State police officers to
6    identify the symptoms of post-traumatic stress disorder
7    and to respond appropriately to individuals exhibiting
8    those symptoms.
9        (5) Training; opioid antagonists. The Division of the
10    Academy and Training shall conduct or approve a training
11    program for State police officers in the administration of
12    opioid antagonists as defined in paragraph (1) of
13    subsection (e) of Section 5-23 of the Substance Use
14    Disorder Act that is in accordance with that Section. As
15    used in this Section, "State police officers" includes
16    full-time or part-time State police officers,
17    investigators, and any other employee of the Illinois
18    State Police exercising the powers of a peace officer.
19        (6) Training; sexual assault and sexual abuse.
20            (A) Every 3 years, the Division of the Academy and
21        Training shall present in-service training on sexual
22        assault and sexual abuse response and report writing
23        training requirements, including, but not limited to,
24        the following:
25                (i) recognizing the symptoms of trauma;
26                (ii) understanding the role trauma has played

 

 

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1            in a victim's life;
2                (iii) responding to the needs and concerns of
3            a victim;
4                (iv) delivering services in a compassionate,
5            sensitive, and nonjudgmental manner;
6                (v) interviewing techniques in accordance with
7            the curriculum standards in this paragraph (6);
8                (vi) understanding cultural perceptions and
9            common myths of sexual assault and sexual abuse;
10            and
11                (vii) report writing techniques in accordance
12            with the curriculum standards in this paragraph
13            (6).
14            (B) This training must also be presented in all
15        full and part-time basic law enforcement academies.
16            (C) Instructors providing this training shall have
17        successfully completed training on evidence-based,
18        trauma-informed, victim-centered responses to cases of
19        sexual assault and sexual abuse and have experience
20        responding to sexual assault and sexual abuse cases.
21            (D) The Illinois State Police shall adopt rules,
22        in consultation with the Office of the Attorney
23        General and the Illinois Law Enforcement Training
24        Standards Board, to determine the specific training
25        requirements for these courses, including, but not
26        limited to, the following:

 

 

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1                (i) evidence-based curriculum standards for
2            report writing and immediate response to sexual
3            assault and sexual abuse, including
4            trauma-informed, victim-centered interview
5            techniques, which have been demonstrated to
6            minimize retraumatization, for all State police
7            officers; and
8                (ii) evidence-based curriculum standards for
9            trauma-informed, victim-centered investigation
10            and interviewing techniques, which have been
11            demonstrated to minimize retraumatization, for
12            cases of sexual assault and sexual abuse for all
13            State police officers who conduct sexual assault
14            and sexual abuse investigations.
15        (7) Training; human trafficking. The Division of the
16    Academy and Training shall conduct or approve a training
17    program in the detection and investigation of all forms of
18    human trafficking, including, but not limited to,
19    involuntary servitude under subsection (b) of Section 10-9
20    of the Criminal Code of 2012, involuntary sexual servitude
21    of a minor under subsection (c) of Section 10-9 of the
22    Criminal Code of 2012, and trafficking in persons under
23    subsection (d) of Section 10-9 of the Criminal Code of
24    2012. This program shall be made available to all cadets
25    and State police officers.
26        (8) Training; hate crimes. The Division of the Academy

 

 

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1    and Training shall provide training for State police
2    officers in identifying, responding to, and reporting all
3    hate crimes.
4(Source: P.A. 102-538, eff. 8-20-21.)
 
5    Section 15. The Illinois Municipal Code is amended by
6adding Division 1.5 of Article 11 as follows:
 
7    (65 ILCS 5/Art. 11 Div. 1.5 heading new)
8
DIVISION 1.5.
9
CO-RESPONDER PILOT PROGRAM

 
10    (65 ILCS 5/11-1.5-5 new)
11    Sec. 11-1.5-5. Definitions. As used in this Section:
12    "Department" means the East St. Louis Police Department,
13the Peoria Police Department, the Springfield Police
14Department, or the Waukegan Police Department.
15    "Station adjustment" has the meaning given to that term in
16Section 1-3 of the Juvenile Court Act of 1987.
17    "Unit" means a co-responder unit created under this
18Division.
 
19    (65 ILCS 5/11-1.5-10 new)
20    Sec. 11-1.5-10. Establishment; responsibilities; focus.
21    (a) Each department shall establish, subject to
22appropriation, a co-responder unit no later than 6 months

 

 

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1after the effective date of this amendatory Act of the 102nd
2General Assembly, including the hiring of personnel as
3provided in this Division.
4    (b) Along with the duties described in Sections 11-1.5-15
5and 11-1.5-20, the unit's social workers are responsible for
6conducting follow-up visits for victims who may benefit from
7mental or behavioral health services. The unit shall utilize
8community resources, including services provided through the
9Department of Human Services and social workers in juvenile
10and adult investigations, to connect individuals with
11appropriate services.
12    (c) The unit's primary area of focus shall be victim
13assistance.
 
14    (65 ILCS 5/11-1.5-15 new)
15    Sec. 11-1.5-15. Duties. The duties of the unit include,
16but are not limited to:
17        (1) Serving as a resource to a department's community
18    to identify and coordinate the social services available
19    to residents who are victims of criminal acts.
20        (2) Networking with area social service agencies to
21    develop a community-mutual resource system and wrap-around
22    services (a team-based, collaborative case management
23    approach) for victims in need of social service
24    assistance; and fostering relationships with community
25    organizations not limited to area hospitals, school

 

 

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1    districts, juvenile justice system, and various community
2    groups.
3        (3) Employing social workers of the unit who shall:
4            (A) Upon request, provide community presentations
5        on an array of social service topics.
6            (B) Assist individuals in diversion from the
7        criminal justice system by addressing problems or
8        concerns through therapeutic intervention.
9            (C) Facilitate follow-up treatment or referral to
10        the appropriate community resource organization.
11            (D) When requested, assist department employees in
12        securing services for those in need and provide
13        educational information to help the employee better
14        understand the circumstances or the community concern.
15            (E) Meet with walk-ins requesting information or
16        assistance.
17            (F) Protect the interest, confidentiality, and
18        civil rights of the client.
19            (G) Train social work interns who may be working
20        within the unit.
21            (H) Be on-call after regular business hours, as
22        needed.
23            (L) Consult on all cases as needed by the
24        department.
25            (M) Perform other functions as provided in Section
26        11-1.5-20 or otherwise needed by a department.

 

 

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1        (4) Employing social workers who shall work with
2    victims of crimes as follows:
3            (A) Review police reports to identify known
4        victims and contact them to offer direct and referred
5        services.
6            (B) Assist victims with filing police reports and
7        victim compensation forms.
8            (C) Provide safety planning services to victims.
9            (D) Provide crisis counseling services to victims
10        and their families.
11            (E) Conduct home visits with victims in
12        conjunction with police backup, when needed.
13            (F) Assist victims in obtaining orders of
14        protection. A social worker, in the performance of his
15        or her duties under this subparagraph, is an advocate,
16        as that term is defined in Section 112A-3 of the Code
17        of Criminal Procedure of 1963.
18            (G) Facilitate court advocacy services for
19        victims, including arranging for transportation to and
20        from court.
21            (H) Maintain confidential case files which include
22        social history, diagnosis, formulation of treatment,
23        and documentation of services.
24            (I) Perform miscellaneous personal advocacy tasks
25        for victims, as needed.
26            (J) Oversee activities to ensure those victims

 

 

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1        with the most urgent needs are given the highest
2        priority for services.
3            (K) Provide status updates on the progress of a
4        victim's case.
5        (5) Adhering to and understanding the applicable
6    policies, procedures, and orders of a department.
7        (6) Attaining department-established unit goals.
8        (7) Maintaining a positive relationship with
9    co-workers, as well as the investigators from area police
10    departments and facilitating the exchange of information
11    and resources pertaining to investigations.
12        (8) Keeping informed on crime trends within the City.
13        (9) Remaining obedient and responsive to all verbal
14    and written orders issued by superiors.
15        (10) Completing police reports and other required
16    documentation.
17        (11) Performing such other duties as may be required
18    by State law, city ordinance, and department policy or as
19    may be assigned by a sworn supervisor.
 
20    (65 ILCS 5/11-1.5-20 new)
21    Sec. 11-1.5-20. Social workers.
22    (a) Unit social workers may be referred to as victim
23service specialists. Social workers are responsible for
24working as a team to provide trauma-informed crisis
25intervention, case management, advocacy, and ongoing emotional

 

 

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1support to the victims of all crimes, with extra attention to
2crimes that cause a high level of victim trauma.
3    (b) Unit social workers involved in a case under adult
4investigations may perform the following responsibilities:
5        (1) Working with domestic violence investigators.
6        (2) Assisting victims with finding safe housing,
7    transportation, and legal assistance.
8        (3) Providing other needed resources for the victims
9    and their families, including working with children who
10    witness or experience domestic violence.
11        (4) Assisting victims and their children in setting up
12    counseling.
13        (5) Helping reduce victims' chances of reentry into
14    violent situations.
15    (c) Unit social workers involved in a case under juvenile
16investigations may perform the following responsibilities:
17        (1) Working with families that have habitual runaways
18    and determining why the juveniles keep running away.
19        (2) Providing services to families where there have
20    been domestic disturbances between the juveniles and their
21    parents.
22        (3) Providing resources for parents to help their
23    children who are struggling in school or need
24    transportation to school.
25        (4) Providing guidance and advice to the families of a
26    juvenile who has been arrested and what the next steps and

 

 

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1    options are in the process.
2        (5) Assisting a juvenile with station adjustments and
3    creating a station adjustment program in a department.
4        (6) Providing services to juvenile victims and
5    families where the Department of Children and Family
6    Services either did not get involved or did not provide
7    services.
8        (7) Assisting with overcoming feuds between groups of
9    juveniles.
10        (8) Assisting in instances where the families are not
11    cooperative with police.
12        (9) Discussing with families and juveniles options and
13    solutions to prevent future arrest.
14        (10) Maintaining a list of families in need that the
15    unit or department have had contact with for department or
16    city special events.
17        (11) Helping facilitate or assist a department in
18    community-oriented events, such as setting up an event
19    where officers or unit personnel read books with younger
20    children, talking about cyber crimes and social media, or
21    having an officer or unit personnel visit a school for
22    other activities.
23        (12) Helping reduce juvenile recidivism.
 
24    (65 ILCS 5/11-1.5-25 new)
25    Sec. 11-1.5-25. Training. All unit employees shall be

 

 

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1trained in crisis intervention and integrating communications,
2assessment and tactics. Integrating communications,
3assessment, and tactics training shall be designed for
4situations involving persons who are unarmed or are armed with
5weapons and who may be experiencing a mental health or other
6crisis. The training shall incorporate different skill sets
7into a unified training approach that emphasizes
8scenario-based exercises, as well as lecture and case study
9opportunities.
 
10    (65 ILCS 5/11-1.5-99 new)
11    Sec. 11-1.5-99. Repeal. This Division is repealed January
121, 2029.
 
13    Section 20. The Gang Crime Witness Protection Act of 2013
14is amended by changing Sections 1, 5, 10, 15, and 20 as
15follows:
 
16    (725 ILCS 173/1)
17    Sec. 1. Short title. This Act may be cited as the Violent
18Crime Victim and Gang Crime Witness Protection Act of 2013.
19(Source: P.A. 98-58, eff. 7-8-13.)
 
20    (725 ILCS 173/5)
21    Sec. 5. Definition. As used in this Act, "violent crime"
22has the meaning ascribed to it in Section 3 of the Rights of

 

 

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1Crime Victims and Witnesses Act. "gang crime" means any
2criminal offense committed by a member of a "gang" as that term
3is defined in Section 10 of the Illinois Streetgang Terrorism
4Omnibus Prevention Act when the offense is in furtherance of
5any activity, enterprise, pursuit, or undertaking of a gang.
6(Source: P.A. 98-58, eff. 7-8-13.)
 
7    (725 ILCS 173/10)
8    Sec. 10. Program. Subject to appropriation, the Illinois
9Criminal Justice Information Authority shall establish and
10administer a program to assist victims and witnesses of
11violent crimes who are actively aiding in the prosecution of
12perpetrators of gang crime, and appropriate related persons.
13Financial assistance may be provided, upon application by a
14State's Attorney or the Attorney General, or a chief executive
15of a police agency with the approval from the State's Attorney
16or Attorney General, investigating or prosecuting a violent
17gang crime occurring under the State's Attorney's or Attorney
18General's respective jurisdiction, from funds deposited in the
19Violent Crime Victim and Gang Crime Witness Protection Program
20Fund and appropriated from that Fund for the purposes of this
21Act. The State's Attorney or the Attorney General, or a chief
22executive of a police agency with the approval from the
23State's Attorney or Attorney General, may use an individual's
24willingness to actively aid in the prosecution of the violent
25crime as a factor in determining if the individual may be

 

 

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1provided assistance. A person who is otherwise eligible for
2services and assistance under this Act shall not be denied
3assistance and services under this Act on the basis of the
4person's lack of federal authorization to be present in the
5United States.
6(Source: P.A. 98-58, eff. 7-8-13.)
 
7    (725 ILCS 173/15)
8    Sec. 15. Funding. The Illinois Criminal Justice
9Information Authority, in consultation with the Attorney
10General, shall adopt rules for the implementation of the
11Violent Crime Victim and Gang Crime Witness Protection
12Program. Assistance shall be subject to the following
13limitations:
14        (a) Funds shall be limited to payment of the
15    following:
16            (1) temporary living costs;
17            (2) moving expenses;
18            (3) rent;
19            (4) security deposits; and
20            (5) other appropriate expenses of relocation or
21        transition;
22        (b) Approval of applications made by State's Attorneys
23    shall be conditioned upon county funding for costs at a
24    level of at least 25%, unless this requirement is waived
25    by the administrator, in accordance with adopted rules,

 

 

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1    for good cause shown;
2        (c) Counties providing assistance consistent with the
3    limitations in this Act may apply for reimbursement of up
4    to 75% of their costs;
5        (d) No more than 50% of funding available in any given
6    fiscal year may be used for costs associated with any
7    single county; and
8        (e) Before the Illinois Criminal Justice Information
9    Authority distributes moneys from the Violent Crime Victim
10    and Gang Crime Witness Protection Program Fund as provided
11    in this Section, it shall retain 2% of those moneys for
12    administrative purposes.
13(Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.)
 
14    (725 ILCS 173/20)
15    Sec. 20. Violent Crime Victim and Gang Crime Witness
16Protection Program Fund. There is created in the State
17Treasury the Violent Crime Victim and Gang Crime Witness
18Protection Program Fund into which shall be deposited
19appropriated funds, grants, or other funds made available to
20the Illinois Criminal Justice Information Authority to assist
21State's Attorneys and the Attorney General in protecting
22victims and witnesses of violent crime who are aiding in the
23prosecution of perpetrators of gang crime, and appropriate
24related persons.
25(Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.)
 

 

 

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1    Section 25. The State Finance Act is amended by changing
2Section 5.833 as follows:
 
3    (30 ILCS 105/5.833)
4    Sec. 5.833. The Violent Crime Victim and Gang Crime
5Witness Protection Program Fund.
6(Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.)