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Rep. William Davis
Filed: 4/23/2018
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1 | | AMENDMENT TO HOUSE BILL 5203
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2 | | AMENDMENT NO. ______. Amend House Bill 5203, AS AMENDED, by |
3 | | replacing everything after the enacting clause with the |
4 | | following:
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5 | | "Section 1. This Act may be referred to as Kayla's Law.
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6 | | Section 5. The Illinois Police Training Act is amended by |
7 | | changing Sections 7 and 10.21 as follows:
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8 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
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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:
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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,
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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
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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
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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.
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8 | | b. Minimum courses of study, attendance requirements |
9 | | and equipment
requirements.
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10 | | c. Minimum requirements for instructors.
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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
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15 | | governmental agency. Those requirements shall include |
16 | | training in first aid
(including cardiopulmonary |
17 | | resuscitation).
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18 | | e. Minimum basic training requirements, which a |
19 | | probationary county
corrections officer must |
20 | | satisfactorily complete before being eligible for
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21 | | permanent employment as a county corrections officer for a |
22 | | participating
local governmental agency.
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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.
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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
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14 | | experience.
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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.
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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.
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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
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10 | | verification of the applicants' qualifications under
this |
11 | | Act and as established by the Board.
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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.
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10 | | (Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
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11 | | Section 10. The Sexual Assault Incident Procedure Act is |
12 | | amended by changing Section 15 as follows:
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13 | | (725 ILCS 203/15)
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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.
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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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