HB2766 101ST GENERAL ASSEMBLY

LRB101 09370 SLF 54468 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2766

Introduced , by Rep. Frances Ann Hurley

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 140/7.5
20 ILCS 2605/2605-99 new
50 ILCS 705/10.17-2 new
50 ILCS 740/12.2 new

Creates the First Responders Suicide Prevention Act. Provides that emergency services personnel and public safety personnel may refer any person to an employee assistance program or peer support counselor within the emergency services provider or law enforcement agency, or if those services are not available within the agency, to another employee assistance program or peer support counseling program that is available. Provides that any communication made by a participant or counselor in a peer support counseling session conducted by a law enforcement agency or by an emergency services provider for public safety personnel or emergency services personnel and any oral or written information conveyed in the peer support counseling session is confidential and may not be disclosed by any person participating in the peer support counseling session. Provides that any oral communication or written information made or conveyed by a participant or counselor in a peer support session, including an employee assistance program, is not admissible in any judicial proceeding, arbitration proceeding, or other adjudicatory proceeding. Amends the Department of State Police Law of the Civil Administrative Code of Illinois, Illinois Police Training Act, and the Illinois Fire Protection Training Act to require training programs for police and fire fighters to recognize signs of work-related cumulative stress and other related issues that may lead to suicide and offer appropriate solutions for intervention. Makes other changes. Effective immediately.

A BILL FOR

AN ACT concerning first responders.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the First Responders Suicide Prevention Act.

Section 5. Legislative findings. The General Assembly finds that:

(1) This State's first responders are tasked with work that is highly stressful where one continually faces the impact of murder, violence, accidents, serious injury, and death. The day in and day out impact of these situations wreak havoc personally and professionally on those who serve their communities. Work as a first responder is a combination of extreme boredom with incidents of mind-numbing terror. No person, no matter how highly trained or well-adjusted, is immune to the long-term impact of cumulative stress or sudden critical incidents.

(2) Since September 11, 2001, the role of first responders has changed dramatically. First responders have become the teachers, advocates, counselors, enforcement, and safety to those they serve, yet year after year, police and fire fighters always rank at the top for the most stressful jobs in this country. The demands of shift work, change in politics and public policy, and having to make life changing decisions within seconds are all contributing factors in the mental health and welfare of our public servants. Alcoholism, divorce, depression, post-traumatic stress disorder (PTSD), stress-related health issues, and suicide among first responders are constantly well above the national average. The health and well-being of first responders not only affect the officer or fire fighter, but those who work closely around the first responder and the public he or she serves and protects.

(3) The purpose of this Act is to allow agencies to train personnel in peer counseling. This allows fire fighters and law enforcement officers to have access to trained persons within their respective fields to speak to and seek guidance during difficult and challenging times in their careers and lives. Most first responders feel comfortable speaking to others within their profession that have experienced similar situations. Allowing this type of counseling gives public servants the ability to seek help during trying times with the confidence of knowing their issue is held in confidence with someone who understands. No longer should these public servants have to suffer in silence.

(4) Maintaining an emotional and mentally healthy class of first responders should be a priority goal to achieve. Healthy fire fighters and police make better decisions, increase productivity, create better work environments, and respond to society in a much more open and effective manner.

Section 10. Definitions. In this Act:

"Emergency services provider" means any public employer that employs persons to provide fire fighting services.

"Emergency services personnel" means any employee of an emergency services provider who is engaged in providing fire fighting services.

"Employee assistance program" means a program established by a law enforcement agency or emergency services provider to provide counseling support services to employees of the law enforcement agency or emergency services provider, including peer support counselors who have received training in counseling and moral support.

"Law enforcement agency" means any county sheriff, municipal police department, police department established by a university, Department of State Police, Department of Corrections, Department of Children and Family Services, Division of Probation Services of the Supreme Court, the Office of the Statewide 9-1-1 Administrator, and other local or county agency comprised of county probation officers, corrections employees, or 9-1-1 telecommunicators or emergency medical dispatchers.

"Peer support counseling session" means communication with a counselor through an employee assistance program or a trained peer support counselor designated by the emergency services provider or law enforcement agency.

"Public safety personnel" means any employee of a law enforcement agency.

Section 15. Establishment of employee assistance program; applicability.

(a) This Act applies to peer support counseling sessions conducted by an employee or other person who:

(1) has been designated by a law enforcement agency or emergency services provider or by an employee assistance program to act as a counselor; and

(2) has received training in counseling to provide emotional and moral support to public safety personnel or emergency services personnel who have been involved in emotionally traumatic incidents by reason of their employment that may affect their ability to execute their respective duties.

(b) An emergency services provider or law enforcement agency may establish an employee assistance program to assist emergency services personnel and public safety personnel, including designating a person within the emergency services provider or law enforcement agency to act as a peer support counselor. An emergency services provider or law enforcement agency shall give appropriate training in counseling to provide emotional and moral support to persons designated as a peer support counselor. Emergency services personnel and public safety personnel may refer any person to an employee assistance program or peer support counselor within the emergency services provider or law enforcement agency, or if those services are not available within the agency, to another employee assistance program or peer support counseling program that is available.

Section 20. Confidentiality; exemptions.

(a) Any communication made by a participant or counselor in a peer support counseling session conducted by a law enforcement agency or by an emergency services provider for public safety personnel or emergency services personnel and any oral or written information conveyed in the peer support counseling session is confidential and may not be disclosed by any person participating in the peer support counseling session.

(b) Any communication relating to a peer support counseling session made confidential under this Section that is made between counselors, between counselors and the supervisors or staff of an employee assistance program, or between the supervisor or staff of an employee assistance program, is confidential and may not be disclosed.

(c) This Section does not prohibit any communications between counselors who conduct peer support counseling sessions or any communications between counselors and the supervisors or staff of an employee assistance program.

(d) This Section does not apply to:

(1) any threat of suicide or homicide made by a participant in a peer counseling session or any information conveyed in a peer support counseling session related to a threat of suicide or homicide;

(2) any information relating to the abuse of children or of the elderly or other information that is required to be reported by law; or

(3) any admission of criminal conduct.

(e) All communications, notes, records, and reports arising out of a peer support counseling session are not subject to disclosure under Section 7.5 of the Freedom of Information Act.

Section 25. Judicial proceedings.

(a) Any oral communication or written information made or conveyed by a participant or counselor in a peer support session, including an employee assistance program, is not admissible in any judicial proceeding, arbitration proceeding, or other adjudicatory proceeding. Communications and information made confidential may not be disclosed by the participants in any judicial proceeding, administrative proceeding, arbitration proceeding, or other adjudicatory proceeding. The limitations on disclosure imposed by this Section include disclosure during any discovery conducted as a part of an adjudicatory proceeding.

(b) Nothing in this Section limits the discovery or introduction into evidence, knowledge acquired by any public safety personnel or emergency services personnel from observations made during the course of employment or material or information acquired during the course of employment that is otherwise subject to discovery in evidence.

Section 105. The Freedom of Information Act is amended by changing Section 7.5 as follows:

(5 ILCS 140/7.5)

Sec. 7.5. Statutory exemptions. To the extent provided for by the statutes referenced below, the following shall be exempt from inspection and copying:

(a) All information determined to be confidential under Section 4002 of the Technology Advancement and Development Act.

(b) Library circulation and order records identifying library users with specific materials under the Library Records Confidentiality Act.

(c) Applications, related documents, and medical records received by the Experimental Organ Transplantation Procedures Board and any and all documents or other records prepared by the Experimental Organ Transplantation Procedures Board or its staff relating to applications it has received.

(d) Information and records held by the Department of Public Health and its authorized representatives relating to known or suspected cases of sexually transmissible disease or any information the disclosure of which is restricted under the Illinois Sexually Transmissible Disease Control Act.

(e) Information the disclosure of which is exempted under Section 30 of the Radon Industry Licensing Act.

(f) Firm performance evaluations under Section 55 of the Architectural, Engineering, and Land Surveying Qualifications Based Selection Act.

(g) Information the disclosure of which is restricted and exempted under Section 50 of the Illinois Prepaid Tuition Act.

(h) Information the disclosure of which is exempted under the State Officials and Employees Ethics Act, and records of any lawfully created State or local inspector general's office that would be exempt if created or obtained by an Executive Inspector General's office under that Act.

(i) Information contained in a local emergency energy plan submitted to a municipality in accordance with a local emergency energy plan ordinance that is adopted under Section 11-21.5-5 of the Illinois Municipal Code.

(j) Information and data concerning the distribution of surcharge moneys collected and remitted by carriers under the Emergency Telephone System Act.

(k) Law enforcement officer identification information or driver identification information compiled by a law enforcement agency or the Department of Transportation under Section 11-212 of the Illinois Vehicle Code.

(l) Records and information provided to a residential health care facility resident sexual assault and death review team or the Executive Council under the Abuse Prevention Review Team Act.

(m) Information provided to the predatory lending database created pursuant to Article 3 of the Residential Real Property Disclosure Act, except to the extent authorized under that Article.

(n) Defense budgets and petitions for certification of compensation and expenses for court appointed trial counsel as provided under Sections 10 and 15 of the Capital Crimes Litigation Act. This subsection (n) shall apply until the conclusion of the trial of the case, even if the prosecution chooses not to pursue the death penalty prior to trial or sentencing.

(o) Information that is prohibited from being disclosed under Section 4 of the Illinois Health and Hazardous Substances Registry Act.

(p) Security portions of system safety program plans, investigation reports, surveys, schedules, lists, data, or information compiled, collected, or prepared by or for the Regional Transportation Authority under Section 2.11 of the Regional Transportation Authority Act or the St. Clair County Transit District under the Bi-State Transit Safety Act.

(q) Information prohibited from being disclosed by the Personnel Record Records Review Act.

(r) Information prohibited from being disclosed by the Illinois School Student Records Act.

(s) Information the disclosure of which is restricted under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information in the form of health data or medical records contained in, stored in, submitted to, transferred by, or released from the Illinois Health Information Exchange, and identified or deidentified health information in the form of health data and medical records of the Illinois Health Information Exchange in the possession of the Illinois Health Information Exchange Authority due to its administration of the Illinois Health Information Exchange. The terms "identified" and "deidentified" shall be given the same meaning as in the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any subsequent amendments thereto, and any regulations promulgated thereunder.

(u) Records and information provided to an independent team of experts under the Developmental Disability and Mental Health Safety Act (also known as Brian's Law).

(v) Names and information of people who have applied for or received Firearm Owner's Identification Cards under the Firearm Owners Identification Card Act or applied for or received a concealed carry license under the Firearm Concealed Carry Act, unless otherwise authorized by the Firearm Concealed Carry Act; and databases under the Firearm Concealed Carry Act, records of the Concealed Carry Licensing Review Board under the Firearm Concealed Carry Act, and law enforcement agency objections under the Firearm Concealed Carry Act.

(w) Personally identifiable information which is exempted from disclosure under subsection (g) of Section 19.1 of the Toll Highway Act.

(x) Information which is exempted from disclosure under Section 5-1014.3 of the Counties Code or Section 8-11-21 of the Illinois Municipal Code.

(y) Confidential information under the Adult Protective Services Act and its predecessor enabling statute, the Elder Abuse and Neglect Act, including information about the identity and administrative finding against any caregiver of a verified and substantiated decision of abuse, neglect, or financial exploitation of an eligible adult maintained in the Registry established under Section 7.5 of the Adult Protective Services Act.

(z) Records and information provided to a fatality review team or the Illinois Fatality Review Team Advisory Council under Section 15 of the Adult Protective Services Act.

(aa) Information which is exempted from disclosure under Section 2.37 of the Wildlife Code.

(bb) Information which is or was prohibited from disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement Officer-Worn Body Camera Act, except to the extent authorized under that Act.

(dd) Information that is prohibited from being disclosed under Section 45 of the Condominium and Common Interest Community Ombudsperson Act.

(ee) Information that is exempted from disclosure under Section 30.1 of the Pharmacy Practice Act.

(ff) Information that is exempted from disclosure under the Revised Uniform Unclaimed Property Act.

(gg) Information that is prohibited from being disclosed under Section 7-603.5 of the Illinois Vehicle Code.

(hh) Records that are exempt from disclosure under Section 1A-16.7 of the Election Code.

(ii) Information which is exempted from disclosure under Section 2505-800 of the Department of Revenue Law of the Civil Administrative Code of Illinois.

(jj) Information and reports that are required to be submitted to the Department of Labor by registering day and temporary labor service agencies but are exempt from disclosure under subsection (a-1) of Section 45 of the Day and Temporary Labor Services Act.

(kk) Information prohibited from disclosure under the Seizure and Forfeiture Reporting Act.

(ll) Information the disclosure of which is restricted and exempted under Section 5-30.8 of the Illinois Public Aid Code.

(mm) (ll) Records that are exempt from disclosure under Section 4.2 of the Crime Victims Compensation Act.

(nn) (ll) Information that is exempt from disclosure under Section 70 of the Higher Education Student Assistance Act.

(oo) Communications, notes, records, and reports arising out of a peer support counseling session prohibited from disclosure under the First Responders Suicide Prevention Act.

(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised 10-12-18.)

Section 110. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-99 as follows:

(20 ILCS 2605/2605-99 new)

Sec. 2605-99. Training; suicide prevention. The Department, in consultation with a statewide association who represents public pension funds under Article 3 and Article 4 of the Illinois Pension Code, shall conduct or approve a 2-day in-service training program for State Police officers in job-related stress management and suicide prevention. The in-service training program shall train State Police officers to recognize signs of work-related cumulative stress and other related issues that may lead to suicide and offer appropriate solutions for intervention. This in-service training program shall be completed every 2 years by each State Police officer. The Department shall establish the training program on or before January 1, 2020.

Section 115. The Illinois Police Training Act is amended by adding Section 10.17-2 as follows:

(50 ILCS 705/10.17-2 new)

Sec. 10.17-2. Training; suicide prevention. The Board, in consultation with a statewide association who represents public pension funds under Article 3 and Article 4 of the Illinois Pension Code, shall conduct or approve a 2-day in-service training program for law enforcement officers in job-related stress management and suicide prevention. The in-service training program shall train law enforcement officers of local government agencies to recognize signs of work-related cumulative stress and other related issues that may lead to suicide and offer appropriate solutions for intervention. This in-service training program shall be completed every 2 years by each local law enforcement officer. The Board shall establish the training program on or before January 1, 2020.

Section 120. The Illinois Fire Protection Training Act is amended by adding Section 12.2 as follows:

(50 ILCS 740/12.2 new)

Sec. 12.2. Training; suicide prevention. The Office, in consultation with a statewide association who represents public pension funds under Article 3 and Article 4 of the Illinois Pension Code, shall conduct or approve a 2-day in-service training program for permanent fire protection personnel in job-related stress management and suicide prevention. The in-service training program shall train fire fighters to recognize signs of work-related cumulative stress and other related issues that may lead to suicide and offer appropriate solutions for intervention. This in-service training program shall be completed every 2 years by each permanent fire protection personnel. The Office shall establish the training program on or before January 1, 2020.

Section 999. Effective date. This Act takes effect upon becoming law.