Rep. William Davis

Filed: 4/23/2018

10000HB5203ham002LRB100 18699 RLC 39088 a
1
AMENDMENT TO HOUSE BILL 5203
2 AMENDMENT NO. ______. Amend House Bill 5203, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
5 "Section 1. This Act may be referred to as Kayla's Law.
6 Section 5. The Illinois Police Training Act is amended by
7changing 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
10adopt rules and minimum standards for such schools which shall
11include, 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

10000HB5203ham002- 2 -LRB100 18699 RLC 39088 a
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

10000HB5203ham002- 3 -LRB100 18699 RLC 39088 a
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

10000HB5203ham002- 4 -LRB100 18699 RLC 39088 a
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

10000HB5203ham002- 5 -LRB100 18699 RLC 39088 a
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

10000HB5203ham002- 6 -LRB100 18699 RLC 39088 a
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,
24eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
25100-247, eff. 1-1-18; revised 10-3-17.)

10000HB5203ham002- 7 -LRB100 18699 RLC 39088 a
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
4shall conduct or approve training programs in trauma-informed
5responses and investigations of sexual assault and sexual
6abuse, 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
23part-time basic law enforcement academies on or before July 1,
242018.
25 (c) Agencies employing law enforcement officers must
26present this training to all law enforcement officers within 3

10000HB5203ham002- 8 -LRB100 18699 RLC 39088 a
1years after January 1, 2017 (the effective date of Public Act
299-801) and must present in-service training on sexual assault
3and sexual abuse response and report writing training
4requirements every 3 years.
5 (d) Agencies employing law enforcement officers who
6conduct sexual assault and sexual abuse investigations must
7provide specialized training to these officers on sexual
8assault and sexual abuse investigations within 2 years after
9January 1, 2017 (the effective date of Public Act 99-801) and
10must present in-service training on sexual assault and sexual
11abuse investigations to these officers every 3 years.
12 (e) Instructors providing this training shall have
13successfully completed training on evidence-based,
14trauma-informed, victim-centered response to cases of sexual
15assault and sexual abuse and have experience responding to
16sexual assault and sexual abuse cases.
17 (f) The Board shall adopt rules, in consultation with the
18Office of the Illinois Attorney General and the Department of
19State Police, to determine the specific training requirements
20for these courses, including, but not limited to, the
21following:
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

10000HB5203ham002- 9 -LRB100 18699 RLC 39088 a
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
12amended 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
16agency shall develop, adopt, and implement written policies
17regarding procedures for incidents of sexual assault or sexual
18abuse consistent with the guidelines developed under
19subsection (b) of this Section. In developing these policies,
20each law enforcement agency is encouraged to consult with other
21law enforcement agencies, sexual assault advocates, and sexual
22assault nurse examiners with expertise in recognizing and
23handling sexual assault and sexual abuse incidents. These
24policies must include mandatory sexual assault and sexual abuse

10000HB5203ham002- 10 -LRB100 18699 RLC 39088 a
1response training as required in Section 10.21 of the Illinois
2Police Training Act and Sections 2605-53 and 2605-98 of the
3Department of State Police Law of the Civil Administrative Code
4of Illinois.
5 (a-5) On or before January 1, 2021, every law enforcement
6agency shall revise and implement its written policies
7regarding procedures for incidents of sexual assault or sexual
8abuse consistent with the guideline revisions developed under
9subsection (b-5) of this Section.
10 (b) On or before July 1, 2017, the Office of the Attorney
11General, in consultation with the Illinois Law Enforcement
12Training Standards Board and the Department of State Police,
13shall develop and make available to each law enforcement
14agency, comprehensive guidelines for creation of a law
15enforcement agency policy on evidence-based, trauma-informed,
16victim-centered sexual assault and sexual abuse response and
17investigation.
18 These guidelines shall include, but not be limited to the
19following:
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;

10000HB5203ham002- 11 -LRB100 18699 RLC 39088 a
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
16Attorney General, in consultation with the Illinois Law
17Enforcement Training Standards Board and the Department of
18State Police, shall revise the comprehensive guidelines
19developed under subsection (b) to include responding to victims
20who are under 13 years of age at the time the sexual assault or
21sexual abuse occurred.
22(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)".