Illinois General Assembly - Full Text of HB3816
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Full Text of HB3816  103rd General Assembly

HB3816 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3816

 

Introduced 2/17/2023, by Rep. Fred Crespo

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/7
50 ILCS 705/7.9 new
50 ILCS 705/7.1 rep.
50 ILCS 705/10.6 rep.

    Amends the Illinois Police Training Act. Repeals and removes provisions relating to in-service training and moves those provisions to a new Section on a system for the development, delivery, and tracking of in-service training courses. Provides that the Illinois Law Enforcement Training and Standards Board shall establish a system for the development, delivery, and tracking of in-service training courses and is authorized to designate any training to be delivered electronically as appropriate unless otherwise determined in the Act. Provides that, beginning January 1, 2024, in-service training for a police officer shall consist of at least 40 hours of training over a 3-year period. Effective January 1, 2024.


LRB103 30092 AWJ 56516 b

 

 

A BILL FOR

 

HB3816LRB103 30092 AWJ 56516 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 7 and by adding Section 7.9 as follows:
 
6    (50 ILCS 705/7)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 7. Rules and standards for schools. The Board shall
9adopt rules and minimum standards for such schools which shall
10include, but not be limited to, the following:
11        a. The curriculum for probationary law enforcement
12    officers which shall be offered by all certified schools
13    shall include, but not be limited to, courses of
14    procedural justice, arrest and use and control tactics,
15    search and seizure, including temporary questioning, civil
16    rights, human rights, human relations, cultural
17    competency, including implicit bias and racial and ethnic
18    sensitivity, criminal law, law of criminal procedure,
19    constitutional and proper use of law enforcement
20    authority, crisis intervention training, vehicle and
21    traffic law including uniform and non-discriminatory
22    enforcement of the Illinois Vehicle Code, traffic control
23    and accident investigation, techniques of obtaining

 

 

HB3816- 2 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 3 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 4 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 5 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 6 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 7 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 8 -LRB103 30092 AWJ 56516 b

1        i. Minimum in-service training requirements as set
2    forth in Section 10.6.
3    The amendatory changes to this Section made by Public Act
4101-652 shall take effect January 1, 2022.
5    Notwithstanding any provision of law to the contrary, the
6changes made to this Section by this amendatory Act of the
7102nd General Assembly, Public Act 101-652, and Public Act
8102-28, and Public Act 102-694 take effect July 1, 2022.
9(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
10101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
118-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1210-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
131-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
14eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.)
 
15    (Text of Section after amendment by P.A. 102-982)
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 law enforcement
20    officers which shall be offered by all certified schools
21    shall include, but not be limited to, courses of
22    procedural justice, arrest and use and control tactics,
23    search and seizure, including temporary questioning, civil
24    rights, human rights, human relations, cultural
25    competency, including implicit bias and racial and ethnic

 

 

HB3816- 9 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 10 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 11 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 12 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 13 -LRB103 30092 AWJ 56516 b

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

 

 

HB3816- 14 -LRB103 30092 AWJ 56516 b

1    forfeit his or her position.
2        All individuals hired as court security officers on or
3    after June 1, 1997 (the effective date of Public Act
4    89-685) shall be certified within 12 months of the date of
5    their hire, unless a waiver has been obtained by the
6    Board, or they shall forfeit their positions.
7        The Sheriff's Merit Commission, if one exists, or the
8    Sheriff's Office if there is no Sheriff's Merit
9    Commission, shall maintain a list of all individuals who
10    have filed applications to become court security officers
11    and who meet the eligibility requirements established
12    under this Act. Either the Sheriff's Merit Commission, or
13    the Sheriff's Office if no Sheriff's Merit Commission
14    exists, shall establish a schedule of reasonable intervals
15    for verification of the applicants' qualifications under
16    this Act and as established by the Board.
17        g. (Blank). Minimum in-service training requirements,
18    which a law enforcement officer must satisfactorily
19    complete every 3 years. Those requirements shall include
20    constitutional and proper use of law enforcement
21    authority, procedural justice, civil rights, human rights,
22    reporting child abuse and neglect, and cultural
23    competency, including implicit bias and racial and ethnic
24    sensitivity. These trainings shall consist of at least 30
25    hours of training every 3 years.
26        h. (Blank). Minimum in-service training requirements,

 

 

HB3816- 15 -LRB103 30092 AWJ 56516 b

1    which a law enforcement officer must satisfactorily
2    complete at least annually. Those requirements shall
3    include law updates, emergency medical response training
4    and certification, crisis intervention training, and
5    officer wellness and mental health.
6        i. (Blank). Minimum in-service training requirements
7    as set forth in Section 10.6.
8    The amendatory changes to this Section made by Public Act
9101-652 shall take effect January 1, 2022.
10    Notwithstanding any provision of law to the contrary, the
11changes made to this Section by this amendatory Act of the
12102nd General Assembly, Public Act 101-652 and Public Act
13102-694 , and Public Act 102-28 take effect July 1, 2022.
14(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
15101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
168-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1710-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
181-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
19eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23;
20revised 8-11-22.)
 
21    (50 ILCS 705/7.9 new)
22    Sec. 7.9. System for the development, delivery, and
23tracking of in-service training courses.
24    (a) The Board shall establish a system for the
25development, delivery, and tracking of in-service training

 

 

HB3816- 16 -LRB103 30092 AWJ 56516 b

1courses. The Board is authorized to designate any training to
2be delivered electronically as appropriate unless otherwise
3determined in this Act. The content for these courses shall
4include, but not be limited to:
5        (1) refresher and in-service training in any of the
6    courses listed in Section 7.6;
7        (2) advanced courses in any of the subjects listed in
8    Section 7.6;
9        (3) training for supervisory personnel; and
10        (4) specialized training in subjects and fields to be
11    selected by the Board.
12    (b) The Board shall establish minimum in-service training
13requirements that a police officer must satisfactorily
14complete. Mandatory training shall be completed every 3 years.
15Beginning January 1, 2024, the training shall consist of at
16least 40 hours of training over a 3-year period, and shall
17include the topics outlined in this subsection. In-service
18training designated in other statutes shall be incorporated
19into this subsection and shall be governed by these
20conditions. Any training conducted in the 3 years prior to the
21first reporting will satisfy the requirements under this
22subsection. The Board shall adopt rules and minimum standards
23for the mandatory 3-year in-service training as set forth in
24this Section. The training shall provide officers with
25knowledge of policies and laws regulating the use of force;
26equip officers with tactics and skills, including

 

 

HB3816- 17 -LRB103 30092 AWJ 56516 b

1de-escalation techniques, to prevent or reduce the need to use
2force or, when force must be used, to use force that is
3objectively reasonable, necessary, and proportional under the
4totality of the circumstances; and ensure appropriate
5supervision and accountability. The in-service training
6includes:
7        (1) specific instruction on use of force techniques,
8    including the use of de-escalation techniques to prevent
9    or reduce the need for force whenever safe and feasible;
10        (2) specific training focused on high-risk traffic
11    stops;
12        (3) specific training on the law concerning stops,
13    searches, and the use of force under the Fourth Amendment
14    to the United States Constitution;
15        (4) specific training on officer safety techniques,
16    including cover, concealment, and time;
17        (5) cultural competency, including implicit bias and
18    racial and ethnic sensitivity;
19        (6) constitutional and proper use of law enforcement
20    authority;
21        (7) procedural justice;
22        (8) civil rights;
23        (9) human rights;
24        (10) trauma-informed response to sexual assault;
25        (11) reporting child abuse and neglect;
26        (12) the psychology of domestic violence;

 

 

HB3816- 18 -LRB103 30092 AWJ 56516 b

1        (13) law updates;
2        (14) emergency medical response;
3        (15) crisis intervention;
4        (16) officer wellness and mental health; and
5        (17) firearms restraining order training.
6    The Board shall conduct a training program that trains
7officers on the use of firearms restraining orders, how to
8identify situations in which a firearms restraining order is
9appropriate, and how to safely promote the usage of the
10firearms restraining order in different situations.
 
11    (50 ILCS 705/7.1 rep.)
12    (50 ILCS 705/10.6 rep.)
13    Section 10. The Illinois Police Training Act is amended by
14repealing Sections 7.1 and 10.6.
 
15    Section 95. No acceleration or delay. Where this Act makes
16changes in a statute that is represented in this Act by text
17that is not yet or no longer in effect (for example, a Section
18represented by multiple versions), the use of that text does
19not accelerate or delay the taking effect of (i) the changes
20made by this Act or (ii) provisions derived from any other
21Public Act.
 
22    Section 99. Effective date. This Act takes effect on
23January 1, 2024.