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

HB1095ham001 102ND GENERAL ASSEMBLY

Rep. Jehan Gordon-Booth

Filed: 4/4/2022

 

 


 

 


 
10200HB1095ham001LRB102 03109 AWJ 38611 a

1
AMENDMENT TO HOUSE BILL 1095

2    AMENDMENT NO. ______. Amend House Bill 1095 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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1    Division of the Academy and Training shall provide
2    training in death and homicide investigation for State
3    police officers. Only State police officers who
4    successfully complete the training may be assigned as lead
5    investigators in death and homicide investigations.
6    Satisfactory completion of the training shall be evidenced
7    by a certificate issued to the officer by the Division of
8    the Academy and Training. The Director shall develop a
9    process for waiver applications for officers whose prior
10    training and experience as homicide investigators may
11    qualify them for a waiver. The Director may issue a
12    waiver, at his or her discretion, based solely on the
13    prior training and experience of an officer as a homicide
14    investigator.
15            (A) The Division shall require all homicide
16        investigator training to include instruction on
17        victim-centered, trauma-informed investigation. This
18        training must be implemented by July 1, 2023.
19            (B) The Division shall cooperate with the Division
20        of Criminal Investigation and the Illinois Law
21        Enforcement Training Standards Board to develop a
22        model curriculum on victim-centered, trauma-informed
23        investigation. This curriculum must be implemented by
24        July 1, 2023.
25        (3) Training; police dog training standards. All
26    police dogs used by the Illinois State Police for drug

 

 

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1    enforcement purposes pursuant to the Cannabis Control Act,
2    the Illinois Controlled Substances Act, and the
3    Methamphetamine Control and Community Protection Act shall
4    be trained by programs that meet the certification
5    requirements set by the Director or the Director's
6    designee. Satisfactory completion of the training shall be
7    evidenced by a certificate issued by the Division of the
8    Academy and Training.
9        (4) Training; post-traumatic stress disorder. The
10    Division of the Academy and Training shall conduct or
11    approve a training program in post-traumatic stress
12    disorder for State police officers. The purpose of that
13    training shall be to equip State police officers to
14    identify the symptoms of post-traumatic stress disorder
15    and to respond appropriately to individuals exhibiting
16    those symptoms.
17        (5) Training; opioid antagonists. The Division of the
18    Academy and Training shall conduct or approve a training
19    program for State police officers in the administration of
20    opioid antagonists as defined in paragraph (1) of
21    subsection (e) of Section 5-23 of the Substance Use
22    Disorder Act that is in accordance with that Section. As
23    used in this Section, "State police officers" includes
24    full-time or part-time State police officers,
25    investigators, and any other employee of the Illinois
26    State Police exercising the powers of a peace officer.

 

 

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1        (6) Training; sexual assault and sexual abuse.
2            (A) Every 3 years, the Division of the Academy and
3        Training shall present in-service training on sexual
4        assault and sexual abuse response and report writing
5        training requirements, including, but not limited to,
6        the following:
7                (i) recognizing the symptoms of trauma;
8                (ii) understanding the role trauma has played
9            in a victim's life;
10                (iii) responding to the needs and concerns of
11            a victim;
12                (iv) delivering services in a compassionate,
13            sensitive, and nonjudgmental manner;
14                (v) interviewing techniques in accordance with
15            the curriculum standards in this paragraph (6);
16                (vi) understanding cultural perceptions and
17            common myths of sexual assault and sexual abuse;
18            and
19                (vii) report writing techniques in accordance
20            with the curriculum standards in this paragraph
21            (6).
22            (B) This training must also be presented in all
23        full and part-time basic law enforcement academies.
24            (C) Instructors providing this training shall have
25        successfully completed training on evidence-based,
26        trauma-informed, victim-centered responses to cases of

 

 

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1        sexual assault and sexual abuse and have experience
2        responding to sexual assault and sexual abuse cases.
3            (D) The Illinois State Police shall adopt rules,
4        in consultation with the Office of the Attorney
5        General and the Illinois Law Enforcement Training
6        Standards Board, to determine the specific training
7        requirements for these courses, including, but not
8        limited to, the following:
9                (i) evidence-based curriculum standards for
10            report writing and immediate response to sexual
11            assault and sexual abuse, including
12            trauma-informed, victim-centered interview
13            techniques, which have been demonstrated to
14            minimize retraumatization, for all State police
15            officers; and
16                (ii) evidence-based curriculum standards for
17            trauma-informed, victim-centered investigation
18            and interviewing techniques, which have been
19            demonstrated to minimize retraumatization, for
20            cases of sexual assault and sexual abuse for all
21            State police officers who conduct sexual assault
22            and sexual abuse investigations.
23        (7) Training; human trafficking. The Division of the
24    Academy and Training shall conduct or approve a training
25    program in the detection and investigation of all forms of
26    human trafficking, including, but not limited to,

 

 

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1    involuntary servitude under subsection (b) of Section 10-9
2    of the Criminal Code of 2012, involuntary sexual servitude
3    of a minor under subsection (c) of Section 10-9 of the
4    Criminal Code of 2012, and trafficking in persons under
5    subsection (d) of Section 10-9 of the Criminal Code of
6    2012. This program shall be made available to all cadets
7    and State police officers.
8        (8) Training; hate crimes. The Division of the Academy
9    and Training shall provide training for State police
10    officers in identifying, responding to, and reporting all
11    hate crimes.
12(Source: P.A. 102-538, eff. 8-20-21.)
 
13    Section 10. The Illinois Police Training Act is amended by
14changing Section 10.11 as follows:
 
15    (50 ILCS 705/10.11)
16    Sec. 10.11. Training; death and homicide investigation.
17The Illinois Law Enforcement Training Standards Board shall
18conduct or approve a training program in death and homicide
19investigation for the training of law enforcement officers of
20local law enforcement agencies. Only law enforcement officers
21who successfully complete the training program may be assigned
22as lead investigators in death and homicide investigations.
23Satisfactory completion of the training program shall be
24evidenced by a certificate issued to the law enforcement

 

 

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1officer by the Illinois Law Enforcement Training Standards
2Board.
3    The Illinois Law Enforcement Training Standards Board
4shall develop a process for waiver applications sent by a
5local governmental agency administrator for those officers
6whose prior training and experience as homicide investigators
7may qualify them for a waiver. The Board may issue a waiver at
8its discretion, based solely on the prior training and
9experience of an officer as a homicide investigator. This
10Section does not affect or impede the powers of the office of
11the coroner to investigate all deaths as provided in Division
123-3 of the Counties Code and the Coroner Training Board Act.
13    The Illinois Law Enforcement Training Standards Board
14shall require all homicide investigator training to include
15instruction on victim-centered, trauma-informed
16investigations based upon a model curriculum developed by the
17Illinois State Police. This training must be implemented by
18July 1, 2023.
19(Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21;
20102-694, eff. 1-7-22.)
 
21    Section 15. The Illinois Municipal Code is amended by
22adding Division 1.5 of Article 11 as follows:
 
23    (65 ILCS 5/Art. 11 Div. 1.5 heading new)
24
DIVISION 1.5.

 

 

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1
CO-RESPONDER PILOT PROGRAM

 
2    (65 ILCS 5/11-1.5-5 new)
3    Sec. 11-1.5-5. Definitions. As used in this Section:
4    "Department" means the East St. Louis Police Department,
5the Peoria Police Department, the Springfield Police
6Department, or the Waukegan Police Department.
7    "Station adjustment" has the meaning given to that term in
8Section 1-3 of the Juvenile Court Act of 1987.
9    "Unit" means a co-responder unit created under this
10Division.
 
11    (65 ILCS 5/11-1.5-10 new)
12    Sec. 11-1.5-10. Establishment; responsibilities; focus.
13    (a) Each department shall establish, subject to
14appropriation, a co-responder unit no later than 6 months
15after the effective date of this amendatory Act of the 102nd
16General Assembly, including the hiring of personnel as
17provided in this Division.
18    (b) Along with the duties described in Sections 11-1.5-15
19and 11-1.5-20, the unit's social workers are responsible for
20conducting follow-up visits for victims who may benefit from
21mental or behavioral health services. The unit shall utilize
22community resources, including services provided through the
23Department of Human Services and social workers in juvenile
24and adult investigations, to connect individuals with

 

 

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1appropriate services.
2    (c) The unit's primary area of focus shall be victim
3assistance.
 
4    (65 ILCS 5/11-1.5-15 new)
5    Sec. 11-1.5-15. Duties. The duties of the unit include,
6but are not limited to:
7        (1) Serving as a resource to a department's community
8    to identify and coordinate the social services available
9    to residents who are victims of criminal acts.
10        (2) Networking with area social service agencies to
11    develop a community-mutual resource system and wrap-around
12    services (a team-based, collaborative case management
13    approach) for victims in need of social service
14    assistance; and fostering relationships with community
15    organizations not limited to area hospitals, school
16    districts, juvenile justice system, and various community
17    groups.
18        (3) Employing social workers of the unit who shall:
19            (A) Upon request, provide community presentations
20        on an array of social service topics.
21            (B) Assist individuals in diversion from the
22        criminal justice system by addressing problems or
23        concerns through therapeutic intervention.
24            (C) Facilitate follow-up treatment or referral to
25        the appropriate community resource organization.

 

 

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1            (D) When requested, assist department employees in
2        securing services for those in need and provide
3        educational information to help the employee better
4        understand the circumstances or the community concern.
5            (E) Meet with walk-ins requesting information or
6        assistance.
7            (F) Protect the interest, confidentiality, and
8        civil rights of the client.
9            (G) Train social work interns who may be working
10        within the unit.
11            (H) Be on-call after regular business hours, as
12        needed.
13            (L) Consult on all cases as needed by the
14        department.
15            (M) Perform other functions as provided in Section
16        11-1.5-20 or otherwise needed by a department.
17        (4) Employing social workers who shall work with
18    victims of crimes as follows:
19            (A) Review police reports to identify known
20        victims and contact them to offer direct and referred
21        services.
22            (B) Assist victims with filing police reports and
23        victim compensation forms.
24            (C) Provide safety planning services to victims.
25            (D) Provide crisis counseling services to victims
26        and their families.

 

 

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1            (E) Conduct home visits with victims in
2        conjunction with police backup, when needed.
3            (F) Assist victims in obtaining orders of
4        protection. A social worker, in the performance of his
5        or her duties under this subparagraph, is an advocate,
6        as that term is defined in Section 112A-3 of the Code
7        of Criminal Procedure of 1963.
8            (G) Facilitate court advocacy services for
9        victims, including arranging for transportation to and
10        from court.
11            (H) Maintain confidential case files which include
12        social history, diagnosis, formulation of treatment,
13        and documentation of services.
14            (I) Perform miscellaneous personal advocacy tasks
15        for victims, as needed.
16            (J) Oversee activities to ensure those victims
17        with the most urgent needs are given the highest
18        priority for services.
19            (K) Provide status updates on the progress of a
20        victim's case.
21        (5) Adhering to and understanding the applicable
22    policies, procedures, and orders of a department.
23        (6) Attaining department-established unit goals.
24        (7) Maintaining a positive relationship with
25    co-workers, as well as the investigators from area police
26    departments and facilitating the exchange of information

 

 

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1    and resources pertaining to investigations.
2        (8) Keeping informed on crime trends within the City.
3        (9) Remaining obedient and responsive to all verbal
4    and written orders issued by superiors.
5        (10) Completing police reports and other required
6    documentation.
7        (11) Performing such other duties as may be required
8    by State law, city ordinance, and department policy or as
9    may be assigned by a sworn supervisor.
 
10    (65 ILCS 5/11-1.5-20 new)
11    Sec. 11-1.5-20. Social workers.
12    (a) Unit social workers may be referred to as victim
13service specialists. Social workers are responsible for
14working as a team to provide trauma-informed crisis
15intervention, case management, advocacy, and ongoing emotional
16support to the victims of all crimes, with extra attention to
17crimes that cause a high level of victim trauma.
18    (b) Unit social workers involved in a case under adult
19investigations may perform the following responsibilities:
20        (1) Working with domestic violence investigators.
21        (2) Assisting victims with finding safe housing,
22    transportation, and legal assistance.
23        (3) Providing other needed resources for the victim
24    and their families, including working with children who
25    witness and or experience domestic violence.

 

 

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1        (4) Assisting victims and their children in setting up
2    counseling.
3        (5) Helping reduce victims' chances of reentry into
4    violent situations.
5    (c) Unit social workers involved in a case under juvenile
6investigations may perform the following responsibilities:
7        (1) Working with families that have habitual runaways
8    and determining why the juveniles keep running away.
9        (2) Providing services to families where there have
10    been domestic disturbances between the juveniles and their
11    parents.
12        (3) Providing resources for parents to help their
13    children who are struggling in school or need
14    transportation to school.
15        (4) Providing guidance and advice to the families of a
16    juvenile who has been arrested and what the next steps and
17    options are in the process.
18        (5) Assisting a juvenile with station adjustments and
19    creating a station adjustment program in a department.
20        (6) Providing services to juvenile victims and
21    families where the Department of Children and Family
22    Services either did not get involved or did not provide
23    services.
24        (7) Assisting with overcoming feuds between groups of
25    juveniles.
26        (8) Assisting us in instances where the families are

 

 

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1    not cooperative with police.
2        (9) Discussing with families and juveniles options and
3    solutions to prevent future arrest.
4        (10) Maintaining a list of families in need that the
5    unit or department have had contact with for department or
6    city special events.
7        (11) Helping facilitate or assist a department in
8    community-oriented events, such as setting up an event
9    where officers or unit personnel read books with younger
10    children, talking about cyber crimes and social media, or
11    having an officer or unit personnel visit a school for
12    other activities.
13        (12) Helping reduce juvenile recidivism.
 
14    (65 ILCS 5/11-1.5-25 new)
15    Sec. 11-1.5-25. Training. All unit employees shall be
16trained in crisis intervention and integrating communications,
17assessment and tactics. Integrating communications,
18assessment, and tactics training shall be designed for
19situations involving persons who are unarmed or are armed with
20weapons and who may be experiencing a mental health or other
21crisis. The training shall incorporate different skill sets
22into a unified training approach that emphasizes
23scenario-based exercises, as well as lecture and case study
24opportunities.
 

 

 

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1    (65 ILCS 5/11-1.5-99 new)
2    Sec. 11-1.5-99. Repeal. This Division is repealed January
31, 2029.
 
4    Section 20. The Gang Crime Witness Protection Act of 2013
5is amended by changing Sections 1, 5, 10, 15, and 20 as
6follows:
 
7    (725 ILCS 173/1)
8    Sec. 1. Short title. This Act may be cited as the Violent
9Crime Victim and Gang Crime Witness Protection Act of 2013.
10(Source: P.A. 98-58, eff. 7-8-13.)
 
11    (725 ILCS 173/5)
12    Sec. 5. Definition. As used in this Act, "violent crime"
13has the meaning ascribed to it in Section 3 of the Rights of
14Crime Victims and Witnesses Act. "gang crime" means any
15criminal offense committed by a member of a "gang" as that term
16is defined in Section 10 of the Illinois Streetgang Terrorism
17Omnibus Prevention Act when the offense is in furtherance of
18any activity, enterprise, pursuit, or undertaking of a gang.
19(Source: P.A. 98-58, eff. 7-8-13.)
 
20    (725 ILCS 173/10)
21    Sec. 10. Program. Subject to appropriation, the Illinois
22Criminal Justice Information Authority shall establish and

 

 

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1administer a program to assist victims and witnesses of
2violent crimes who are actively aiding in the prosecution of
3perpetrators of gang crime, and appropriate related persons.
4Financial assistance may be provided, upon application by a
5State's Attorney or the Attorney General, or a chief executive
6of a police agency with the approval from the State's Attorney
7or Attorney General, investigating or prosecuting a violent
8gang crime occurring under the State's Attorney's or Attorney
9General's respective jurisdiction, from funds deposited in the
10Violent Crime Victim and Gang Crime Witness Protection Program
11Fund and appropriated from that Fund for the purposes of this
12Act. The State's Attorney or the Attorney General, or a chief
13executive of a police agency with the approval from the
14State's Attorney or Attorney General, may use an individual's
15willingness to actively aid in the prosecution of the violent
16crime as a factor in determining if the individual may be
17provided assistance. A person who is otherwise eligible for
18services and assistance under this Act shall not be denied
19assistance and services under this Act on the basis of the
20person's lack of federal authorization to be present in the
21United States.
22(Source: P.A. 98-58, eff. 7-8-13.)
 
23    (725 ILCS 173/15)
24    Sec. 15. Funding. The Illinois Criminal Justice
25Information Authority, in consultation with the Attorney

 

 

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1General, shall adopt rules for the implementation of the
2Violent Crime Victim and Gang Crime Witness Protection
3Program. Assistance shall be subject to the following
4limitations:
5        (a) Funds shall be limited to payment of the
6    following:
7            (1) temporary living costs;
8            (2) moving expenses;
9            (3) rent;
10            (4) security deposits; and
11            (5) other appropriate expenses of relocation or
12        transition;
13        (b) Approval of applications made by State's Attorneys
14    shall be conditioned upon county funding for costs at a
15    level of at least 25%, unless this requirement is waived
16    by the administrator, in accordance with adopted rules,
17    for good cause shown;
18        (c) Counties providing assistance consistent with the
19    limitations in this Act may apply for reimbursement of up
20    to 75% of their costs;
21        (d) No more than 50% of funding available in any given
22    fiscal year may be used for costs associated with any
23    single county; and
24        (e) Before the Illinois Criminal Justice Information
25    Authority distributes moneys from the Violent Crime Victim
26    and Gang Crime Witness Protection Program Fund as provided

 

 

10200HB1095ham001- 19 -LRB102 03109 AWJ 38611 a

1    in this Section, it shall retain 2% of those moneys for
2    administrative purposes.
3(Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.)
 
4    (725 ILCS 173/20)
5    Sec. 20. Violent Crime Victim and Gang Crime Witness
6Protection Program Fund. There is created in the State
7Treasury the Violent Crime Victim and Gang Crime Witness
8Protection Program Fund into which shall be deposited
9appropriated funds, grants, or other funds made available to
10the Illinois Criminal Justice Information Authority to assist
11State's Attorneys and the Attorney General in protecting
12victims and witnesses of violent crime who are aiding in the
13prosecution of perpetrators of gang crime, and appropriate
14related persons.
15(Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.)
 
16    Section 25. The State Finance Act is amended by changing
17Section 5.833 as follows:
 
18    (30 ILCS 105/5.833)
19    Sec. 5.833. The Violent Crime Victim and Gang Crime
20Witness Protection Program Fund.
21(Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.)".