Full Text of HB5203 100th General Assembly
HB5203ham002 100TH GENERAL ASSEMBLY | Rep. William Davis Filed: 4/23/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5203
| 2 | | AMENDMENT NO. ______. Amend House Bill 5203, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 1. This Act may be referred to as Kayla's Law. | 6 | | Section 5. The Illinois Police Training Act is amended by | 7 | | changing Sections 7 and 10.21 as follows:
| 8 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
| 9 | | Sec. 7. Rules and standards for schools. The Board shall | 10 | | adopt rules and
minimum standards for such schools which shall | 11 | | include , but not be limited to ,
the following:
| 12 | | a. The curriculum for probationary police officers | 13 | | which shall be
offered by all certified schools shall | 14 | | include , but not be limited to ,
courses of procedural | 15 | | justice, arrest and use and control tactics, search and |
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| 1 | | seizure, including temporary questioning, civil rights, | 2 | | human rights, human relations,
cultural competency, | 3 | | including implicit bias and racial and ethnic sensitivity,
| 4 | | criminal law, law of criminal procedure, constitutional | 5 | | and proper use of law enforcement authority, vehicle and | 6 | | traffic law including
uniform and non-discriminatory | 7 | | enforcement of the Illinois Vehicle Code,
traffic control | 8 | | and accident investigation, techniques of obtaining
| 9 | | physical evidence, court testimonies, statements, reports, | 10 | | firearms
training, training in the use of electronic | 11 | | control devices, including the psychological and | 12 | | physiological effects of the use of those devices on | 13 | | humans, first-aid (including cardiopulmonary | 14 | | resuscitation), training in the administration of opioid | 15 | | antagonists as defined in paragraph (1) of subsection (e) | 16 | | of Section 5-23 of the Alcoholism and Other Drug Abuse and | 17 | | Dependency Act, handling of
juvenile offenders, | 18 | | recognition of
mental conditions and crises, including, | 19 | | but not limited to, the disease of addiction, which require | 20 | | immediate assistance and response and methods to
safeguard | 21 | | and provide assistance to a person in need of mental
| 22 | | treatment, recognition of abuse, neglect, financial | 23 | | exploitation, and self-neglect of adults with disabilities | 24 | | and older adults, as defined in Section 2 of the Adult | 25 | | Protective Services Act, crimes against the elderly, law of | 26 | | evidence, the hazards of high-speed police vehicle
chases |
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| 1 | | with an emphasis on alternatives to the high-speed chase, | 2 | | and
physical training. The curriculum shall include | 3 | | specific training in
techniques for immediate response to | 4 | | and investigation of cases of domestic
violence and of | 5 | | sexual assault of adults and children, including cultural | 6 | | perceptions and common myths of sexual assault and sexual | 7 | | abuse as well as interview techniques that are age | 8 | | sensitive and are trauma informed, victim centered, and | 9 | | victim sensitive. The curriculum shall include
training in | 10 | | techniques designed to promote effective
communication at | 11 | | the initial contact with crime victims and ways to | 12 | | comprehensively
explain to victims and witnesses their | 13 | | rights under the Rights
of Crime Victims and Witnesses Act | 14 | | and the Crime
Victims Compensation Act. The curriculum | 15 | | shall also include training in effective recognition of and | 16 | | responses to stress, trauma, and post-traumatic stress | 17 | | experienced by police officers. 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 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) this amendatory Act of 1996 shall be certified | 25 | | within 12 months of the
date of their hire, unless a waiver | 26 | | has been obtained by the Board, or they
shall forfeit their |
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| 1 | | positions.
| 2 | | The Sheriff's Merit Commission, if one exists, or the | 3 | | Sheriff's Office if
there is no Sheriff's Merit Commission, | 4 | | shall maintain a list of all
individuals who have filed | 5 | | applications to become court security officers and
who meet | 6 | | the eligibility requirements established under this Act. | 7 | | Either
the Sheriff's Merit Commission, or the Sheriff's | 8 | | Office if no Sheriff's Merit
Commission exists, shall | 9 | | establish a schedule of reasonable intervals for
| 10 | | verification of the applicants' qualifications under
this | 11 | | Act and as established by the Board.
| 12 | | g. Minimum in-service training requirements, which a | 13 | | police officer must satisfactorily complete every 3 years. | 14 | | Those requirements shall include constitutional and proper | 15 | | use of law enforcement authority, procedural justice, | 16 | | civil rights, human rights, mental health awareness and | 17 | | response, and cultural competency. | 18 | | h. Minimum in-service training requirements, which a | 19 | | police officer must satisfactorily complete at least | 20 | | annually. Those requirements shall include law updates and | 21 | | use of force training which shall include scenario based | 22 | | training, or similar training approved by the Board. | 23 | | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | 24 | | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | 25 | | 100-247, eff. 1-1-18; revised 10-3-17.)
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| 1 | | (50 ILCS 705/10.21) | 2 | | Sec. 10.21. Training; sexual assault and sexual abuse. | 3 | | (a) The Illinois Law Enforcement Training Standards Board | 4 | | shall conduct or approve training programs in trauma-informed | 5 | | responses and investigations of sexual assault and sexual | 6 | | abuse, which include, but is not limited to, the following: | 7 | | (1) recognizing the symptoms of trauma; | 8 | | (2) understanding the role trauma has played in a | 9 | | victim's life; | 10 | | (3) responding to the needs and concerns of a victim; | 11 | | (4) delivering services in a compassionate, sensitive, | 12 | | and nonjudgmental manner; | 13 | | (5) interviewing techniques in accordance with the | 14 | | curriculum standards in subsection (f) of this Section; | 15 | | (6) understanding cultural perceptions and common | 16 | | myths of sexual assault and sexual abuse; and | 17 | | (7) report writing techniques in accordance with the | 18 | | curriculum standards in subsection (f) of this Section ; and | 19 | | (8) recognizing special sensitivities of victims due | 20 | | to: age, including those under the age of 13; gender; or | 21 | | other qualifications . | 22 | | (b) This training must be presented in all full and | 23 | | part-time basic law enforcement academies on or before July 1, | 24 | | 2018. | 25 | | (c) Agencies employing law enforcement officers must | 26 | | present this training to all law enforcement officers within 3 |
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| 1 | | years after January 1, 2017 (the effective date of Public Act | 2 | | 99-801) and must present in-service training on sexual assault | 3 | | and sexual abuse response and report writing training | 4 | | requirements every 3 years. | 5 | | (d) Agencies employing law enforcement officers who | 6 | | conduct sexual assault and sexual abuse investigations must | 7 | | provide specialized training to these officers on sexual | 8 | | assault and sexual abuse investigations within 2 years after | 9 | | January 1, 2017 (the effective date of Public Act 99-801) and | 10 | | must present in-service training on sexual assault and sexual | 11 | | abuse investigations to these officers every 3 years. | 12 | | (e) Instructors providing this training shall have | 13 | | successfully completed training on evidence-based, | 14 | | trauma-informed, victim-centered response to cases of sexual | 15 | | assault and sexual abuse and have experience responding to | 16 | | sexual assault and sexual abuse cases. | 17 | | (f) The Board shall adopt rules, in consultation with the | 18 | | Office of the Illinois Attorney General and the Department of | 19 | | State Police, to determine the specific training requirements | 20 | | for these courses, including, but not limited to, the | 21 | | following: | 22 | | (1) evidence-based curriculum standards for report | 23 | | writing and immediate response to sexual assault and sexual | 24 | | abuse, including trauma-informed, victim-centered , age | 25 | | sensitive, interview techniques, which have been | 26 | | demonstrated to minimize retraumatization, for |
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| 1 | | probationary police officers and all law enforcement | 2 | | officers; and | 3 | | (2) evidence-based curriculum standards for | 4 | | trauma-informed, victim-centered , age sensitive | 5 | | investigation and interviewing techniques, which have been | 6 | | demonstrated to minimize retraumatization, for cases of | 7 | | sexual assault and sexual abuse for law enforcement | 8 | | officers who conduct sexual assault and sexual abuse | 9 | | investigations.
| 10 | | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.) | 11 | | Section 10. The Sexual Assault Incident Procedure Act is | 12 | | amended by changing Section 15 as follows: | 13 | | (725 ILCS 203/15)
| 14 | | Sec. 15. Sexual assault incident policies. | 15 | | (a) On or before January 1, 2018, every law enforcement | 16 | | agency shall develop, adopt, and implement written policies | 17 | | regarding procedures for incidents of sexual assault or sexual | 18 | | abuse consistent with the guidelines developed under | 19 | | subsection (b) of this Section. In developing these policies, | 20 | | each law enforcement agency is encouraged to consult with other | 21 | | law enforcement agencies, sexual assault advocates, and sexual | 22 | | assault nurse examiners with expertise in recognizing and | 23 | | handling sexual assault and sexual abuse incidents. These | 24 | | policies must include mandatory sexual assault and sexual abuse |
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| 1 | | response training as required in Section 10.21 of the Illinois | 2 | | Police Training Act and Sections 2605-53 and 2605-98 of the | 3 | | Department of State Police Law of the Civil Administrative Code | 4 | | of Illinois. | 5 | | (a-5) On or before January 1, 2021, every law enforcement | 6 | | agency shall revise and implement its written policies | 7 | | regarding procedures for incidents of sexual assault or sexual | 8 | | abuse consistent with the guideline revisions developed under | 9 | | subsection (b-5) of this Section. | 10 | | (b) On or before July 1, 2017, the Office of the Attorney | 11 | | General, in consultation with the Illinois Law Enforcement | 12 | | Training Standards Board and the Department of State Police, | 13 | | shall develop and make available to each law enforcement | 14 | | agency, comprehensive guidelines for creation of a law | 15 | | enforcement agency policy on evidence-based, trauma-informed, | 16 | | victim-centered sexual assault and sexual abuse response and | 17 | | investigation. | 18 | | These guidelines shall include, but not be limited to the | 19 | | following: | 20 | | (1) dispatcher or call taker response; | 21 | | (2) responding officer duties; | 22 | | (3) duties of officers investigating sexual assaults | 23 | | and sexual abuse; | 24 | | (4) supervisor duties; | 25 | | (5) report writing; | 26 | | (6) reporting methods; |
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| 1 | | (7) victim interviews; | 2 | | (8) evidence collection; | 3 | | (9) sexual assault medical forensic examinations; | 4 | | (10) suspect interviews; | 5 | | (11) suspect forensic exams; | 6 | | (12) witness interviews; | 7 | | (13) sexual assault response and resource teams, if | 8 | | applicable; | 9 | | (14) working with victim advocates; | 10 | | (15) working with prosecutors; | 11 | | (16) victims' rights; | 12 | | (17) victim notification; and | 13 | | (18) consideration for specific populations or | 14 | | communities.
| 15 | | (b-5) On or before January 1, 2020, the Office of the | 16 | | Attorney General, in consultation with the Illinois Law | 17 | | Enforcement Training Standards Board and the Department of | 18 | | State Police, shall revise the comprehensive guidelines | 19 | | developed under subsection (b) to include responding to victims | 20 | | who are under 13 years of age at the time the sexual assault or | 21 | | sexual abuse occurred. | 22 | | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)".
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