|
| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026 SB3597 Introduced 2/5/2026, by Sen. Meg Loughran Cappel SYNOPSIS AS INTRODUCED: | | | Amends the Illinois State Police Law. Provides that the Division of Patrol shall enforce the motor carrier safety provisions of the Illinois Vehicle Code and serve as the lead State agency for administering the commercial vehicle safety plan of the Federal Motor Carrier Safety Administration. Adds human trafficking, sexual assault, and sexual abuse in-service training requirements for Illinois State Police officers. Provides that the Division of Statewide 9-1-1 shall cooperate with federal and State authorities that are engaged in aeronautics and that request to use the Illinois State Police's radio network system. Provides that the State Police shall maintain a statewide statistical police contact recordkeeping system (rather than develop a separate statewide statistical police recordkeeping system) for the study of juvenile delinquency. Provides that, with the permission (rather than written permission) of a child's parent or guardian, the Illinois State police may collect (rather than retain) the fingerprints or DNA (rather than only the fingerprint record) of the child. Specifies that the fingerprints or DNA may be retained by the child's parent or guardian and later used for specified purposes. Amends the Intergovernmental Drug Laws Enforcement Act. Provides that a Metropolitan Enforcement Group may enforce crimes concerning terrorism and threats to public officials and human service providers. Amends the Code of Criminal Procedure of 1963. In provisions concerning criminal prosecutions for violations of the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act and criminal prosecutions for reckless homicide, or driving under the influence of alcohol, other drug, or combination of both, or in any civil action held under a statutory summary suspension or revocation hearing, deletes provisions requiring specified information to be attached to laboratory report from the Illinois State Police, Division of Forensic Services. Amends the Freedom from Drone Surveillance Act. In provisions requiring the chief executive officer of a law enforcement agency to report the use of a drone to the State's Attorney under specified circumstances, adds language allowing the report to be made by the chief executive officer's designee. Makes other and conforming changes. Effective immediately. |
| |
| | A BILL FOR |
|
|
| | SB3597 | | LRB104 17709 RTM 31140 b |
|
|
| 1 | | AN ACT concerning government. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Illinois State Police Law of the Civil |
| 5 | | Administrative Code of Illinois is amended by changing |
| 6 | | Sections 2605-30, 2605-51, 2605-52, 2605-350, and 2605-575 as |
| 7 | | follows: |
| 8 | | (20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2) |
| 9 | | Sec. 2605-30. Division of Patrol (formerly State |
| 10 | | Troopers). The Division of Patrol shall exercise the following |
| 11 | | functions and those in Section 2605-35: |
| 12 | | (1) (Blank). Cooperate with federal and State |
| 13 | | authorities requesting utilization of the Illinois State |
| 14 | | Police's radio network system under the Illinois |
| 15 | | Aeronautics Act. |
| 16 | | (2) Exercise the rights, powers, and duties of the |
| 17 | | Illinois State Police under the Illinois State Police Act. |
| 18 | | (2.5) Provide uniformed patrol of Illinois highways |
| 19 | | and proactively enforce criminal and traffic laws. |
| 20 | | (3) (Blank). |
| 21 | | (4) Exercise the rights, powers, and duties of the |
| 22 | | Illinois State Police vested by law in the Illinois State |
| 23 | | Police by the Illinois Vehicle Code. |
|
| | SB3597 | - 2 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | (5) Exercise other duties that have been or may be |
| 2 | | vested by law in the Illinois State Police. |
| 3 | | (6) Exercise other duties that may be assigned by the |
| 4 | | Director in order to fulfill the responsibilities and to |
| 5 | | achieve the purposes of the Illinois State Police. |
| 6 | | (7) Provide comprehensive law enforcement services to |
| 7 | | the public and to county, municipal, and federal law |
| 8 | | enforcement agencies, at their request. |
| 9 | | (8) Patrol Illinois highways, with the intent to |
| 10 | | interdict crime, and ensure traffic safety, and assist |
| 11 | | while assisting citizens during times of need. |
| 12 | | (9) Enforce the provisions of Chapter 18b of the |
| 13 | | Illinois Vehicle Code and serve as the lead State agency |
| 14 | | for administering the motor carrier safety assistance |
| 15 | | program of the Federal Motor Carrier Safety |
| 16 | | Administration. |
| 17 | | (Source: P.A. 103-34, eff. 1-1-24; 104-157, eff. 1-1-26.) |
| 18 | | (20 ILCS 2605/2605-51) |
| 19 | | Sec. 2605-51. Division of the Academy and Training. |
| 20 | | (a) The Division of the Academy and Training shall |
| 21 | | exercise, but not be limited to, the following functions: |
| 22 | | (1) Oversee and operate the Illinois State Police |
| 23 | | Training Academy. |
| 24 | | (2) Train and prepare new officers for a career in law |
| 25 | | enforcement, with innovative, quality training and |
|
| | SB3597 | - 3 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | educational practices. |
| 2 | | (3) Offer continuing training and educational programs |
| 3 | | for Illinois State Police employees. |
| 4 | | (4) Oversee the Illinois State Police's recruitment |
| 5 | | initiatives. |
| 6 | | (5) Oversee and operate the Illinois State Police's |
| 7 | | quartermaster. |
| 8 | | (6) Duties assigned to the Illinois State Police in |
| 9 | | Article 5, Chapter 11 of the Illinois Vehicle Code |
| 10 | | concerning testing and training officers on the detection |
| 11 | | of impaired driving. |
| 12 | | (7) Duties assigned to the Illinois State Police in |
| 13 | | Article 108B of the Code of Criminal Procedure. |
| 14 | | (a-5) Successful completion of the Illinois State Police |
| 15 | | Academy satisfies the minimum standards pursuant to |
| 16 | | subsections (a), (b), and (d) of Section 7 of the Illinois |
| 17 | | Police Training Act and exempts Illinois State Police officers |
| 18 | | from the Illinois Law Enforcement Training Standards Board's |
| 19 | | State Comprehensive Examination and Equivalency Examination. |
| 20 | | Satisfactory completion shall be evidenced by a commission or |
| 21 | | certificate issued to the officer. |
| 22 | | (b) The Division of the Academy and Training shall |
| 23 | | exercise the rights, powers, and duties vested in the former |
| 24 | | Division of State Troopers by Section 17 of the Illinois State |
| 25 | | Police Act. |
| 26 | | (c) Specialized training. The Division of the Academy and |
|
| | SB3597 | - 4 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | Training shall provide the following specialized training: |
| 2 | | (1) Crash reconstruction specialist; training. The |
| 3 | | Division of the Academy and Training shall cooperate with |
| 4 | | the Division of Forensic Services to provide specialized |
| 5 | | training in crash reconstruction for Illinois State Police |
| 6 | | officers. Only Illinois State Police officers who |
| 7 | | successfully complete the training may be assigned as |
| 8 | | crash reconstruction specialists. |
| 9 | | (2) Death and homicide investigations; training. The |
| 10 | | Division of the Academy and Training shall provide |
| 11 | | training in death and homicide investigation for Illinois |
| 12 | | State Police officers. Only Illinois State Police officers |
| 13 | | who successfully complete the training may be assigned as |
| 14 | | lead investigators in death and homicide investigations. |
| 15 | | Satisfactory completion of the training shall be evidenced |
| 16 | | by a certificate issued to the officer by the Division of |
| 17 | | the Academy and Training. The Director shall develop a |
| 18 | | process for waiver applications for officers whose prior |
| 19 | | training and experience as homicide investigators may |
| 20 | | qualify them for a waiver. The Director may issue a |
| 21 | | waiver, at his or her discretion, based solely on the |
| 22 | | prior training and experience of an officer as a homicide |
| 23 | | investigator. |
| 24 | | (A) The Division of the Academy and Training shall |
| 25 | | require all homicide investigator training to include |
| 26 | | instruction on victim-centered, trauma-informed |
|
| | SB3597 | - 5 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | investigation. This training must be implemented by |
| 2 | | July 1, 2023. |
| 3 | | (B) The Division of the Academy and Training shall |
| 4 | | cooperate with the Division of Criminal Investigation |
| 5 | | to develop a model curriculum on victim-centered, |
| 6 | | trauma-informed investigation. This curriculum must be |
| 7 | | implemented by July 1, 2023. |
| 8 | | (3) Investigation of officer-involved criminal sexual |
| 9 | | assault; training. The Division of the Academy and |
| 10 | | Training shall cooperate with the Division of Criminal |
| 11 | | Investigation to provide a specialized criminal sexual |
| 12 | | assault and sexual abuse investigation training program |
| 13 | | for Illinois State Police officers. Only Illinois State |
| 14 | | Police officers who successfully complete the training may |
| 15 | | be assigned as investigators in officer-involved criminal |
| 16 | | sexual assault investigations under Section 10 of the Law |
| 17 | | Enforcement Criminal Sexual Assault Investigation Act. |
| 18 | | (4) Investigation of officer-involved deaths; |
| 19 | | training. The Division of the Academy and Training shall |
| 20 | | have a written policy regarding the investigation of |
| 21 | | officer-involved deaths that involve a law enforcement |
| 22 | | officer employed by the Illinois State Police as required |
| 23 | | under Section 1-10 of the Police and Community Relations |
| 24 | | Improvement Act and shall provide specialized training in |
| 25 | | that policy for Illinois State Police officers. |
| 26 | | (5) Juvenile specialist; training. The Division of the |
|
| | SB3597 | - 6 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | Academy and Training shall provide specialized juvenile |
| 2 | | training for Illinois State Police officers who meet the |
| 3 | | definition of "juvenile police officer" as defined under |
| 4 | | paragraph (17) of Section 1-3 of the Juvenile Court Act of |
| 5 | | 1987. Juvenile specialists may complete questioning of |
| 6 | | juveniles on school grounds as provided under Section |
| 7 | | 22-88 of the School Code. |
| 8 | | (6) Peer support program; training. The Division of |
| 9 | | the Academy and Training shall cooperate with the Office |
| 10 | | of the Director to provide peer support advisors with |
| 11 | | appropriate specialized training in counseling to conduct |
| 12 | | peer support counseling sessions under Section 10 of the |
| 13 | | First Responders Suicide Prevention Act. |
| 14 | | (7) Police dog training standards; training. All |
| 15 | | police dogs used by the Illinois State Police for drug |
| 16 | | enforcement purposes pursuant to the Cannabis Control Act, |
| 17 | | the Illinois Controlled Substances Act, and the |
| 18 | | Methamphetamine Control and Community Protection Act shall |
| 19 | | be trained by programs that meet the certification |
| 20 | | requirements set by the Director or the Director's |
| 21 | | designee. Satisfactory completion of the training shall be |
| 22 | | evidenced by a certificate issued by the Division of the |
| 23 | | Academy and Training. |
| 24 | | (8) Safe2Help; training. The Division of the Academy |
| 25 | | and Training shall cooperate with the Division of Criminal |
| 26 | | Investigation to ensure all program personnel or call |
|
| | SB3597 | - 7 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | center staff, or both, are appropriately trained in the |
| 2 | | areas described in subsection (f) of Section 10 of the |
| 3 | | Student Confidential Reporting Act. (10) |
| 4 | | (c-5) In-service training. |
| 5 | | (1) At least once, the Division of the Academy and |
| 6 | | Training shall develop and require the following |
| 7 | | in-service training opportunities to be completed by |
| 8 | | Illinois State Police officers: |
| 9 | | (A) Cell phone medical information; training. |
| 10 | | Training required under this subparagraph (A) shall |
| 11 | | provide instruction on accessing and using medical |
| 12 | | information stored in cell phones. The Division may |
| 13 | | use the program approved under Section 2310-711 of the |
| 14 | | Department of Public Health Powers and Duties Law of |
| 15 | | the Civil Administrative Code of Illinois to develop |
| 16 | | the Division's program. |
| 17 | | (B) Autism spectrum disorders; training. Training |
| 18 | | required under this subparagraph (B) shall instruct |
| 19 | | Illinois State Police officers on the nature of autism |
| 20 | | spectrum disorders and in identifying and |
| 21 | | appropriately responding to individuals with autism |
| 22 | | spectrum disorders. The Illinois State Police shall |
| 23 | | review the training curriculum and may consult with |
| 24 | | the Department of Public Health or the Department of |
| 25 | | Human Services to update the training curriculum as |
| 26 | | needed. |
|
| | SB3597 | - 8 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | (2) At least every year, the Division of the Academy |
| 2 | | and Training shall provide the following in-service |
| 3 | | training to Illinois State Police officers: |
| 4 | | (A) Cultural diversity; training. |
| 5 | | (i) Training required under this subparagraph |
| 6 | | (A) shall provide training and continuing |
| 7 | | education to Illinois State Police officers |
| 8 | | concerning cultural diversity, including topics |
| 9 | | such as sensitivity toward racial and ethnic |
| 10 | | differences. |
| 11 | | (ii) This training and continuing education |
| 12 | | shall, among other things, emphasize that the |
| 13 | | primary purpose of enforcement of the Illinois |
| 14 | | Vehicle Code is safety and equal, uniform, and |
| 15 | | non-discriminatory enforcement of the law. |
| 16 | | (B) Minimum annual in-service training |
| 17 | | requirements. Minimum annual in-service training |
| 18 | | includes: |
| 19 | | (i) crisis intervention training; |
| 20 | | (ii) emergency medical response training and |
| 21 | | certification; |
| 22 | | (iii) firearm qualification training; |
| 23 | | (iv) law updates; and |
| 24 | | (v) officer wellness and mental health. |
| 25 | | (C) Firearms restraining orders; training. |
| 26 | | Training required under this subparagraph (C) shall |
|
| | SB3597 | - 9 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | provide instruction on the processes used to file a |
| 2 | | firearms restraining order, to identify situations in |
| 3 | | which a firearms restraining order is appropriate, and |
| 4 | | to safely promote the usage of the firearms |
| 5 | | restraining order in different situations. |
| 6 | | (3) At least every 3 years, the Division of the |
| 7 | | Academy and Training shall provide the following |
| 8 | | in-service training to Illinois State Police officers: |
| 9 | | (A) Arrest and use of force and control tactics; |
| 10 | | training. Training required under this subparagraph |
| 11 | | (A) shall provide to Illinois State Police officers |
| 12 | | training and continuing education concerning knowledge |
| 13 | | of policies and laws regulating the use of force; |
| 14 | | shall equip officers with tactics and skills, |
| 15 | | including de-escalation techniques, to prevent or |
| 16 | | reduce the need to use force or, when force must be |
| 17 | | used, to use force that is objectively reasonable, |
| 18 | | necessary, and proportional under the totality of the |
| 19 | | circumstances; and shall ensure appropriate |
| 20 | | supervision and accountability. The training shall |
| 21 | | consist of at least 30 hours and shall include: |
| 22 | | (i) at least 12 hours of hands-on, |
| 23 | | scenario-based role-playing; |
| 24 | | (ii) at least 6 hours of instruction on use of |
| 25 | | force techniques, including the use of |
| 26 | | de-escalation techniques to prevent or reduce the |
|
| | SB3597 | - 10 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | need for force whenever safe and feasible; |
| 2 | | (iii) specific training on the law concerning |
| 3 | | stops, searches, and the use of force under the |
| 4 | | Fourth Amendment to the United States |
| 5 | | Constitution; |
| 6 | | (iv) specific training on officer safety |
| 7 | | techniques, including cover, concealment, and |
| 8 | | time; and |
| 9 | | (v) at least 6 hours of training focused on |
| 10 | | high-risk traffic stops. |
| 11 | | (A-5) Human trafficking; training. The Division of |
| 12 | | the Academy and Training shall cooperate with the |
| 13 | | Division of Criminal Investigation to provide a |
| 14 | | specialized human trafficking training program for |
| 15 | | Illinois State Police officers as required by Section |
| 16 | | 2605-635. |
| 17 | | (B) Minimum triennial in-service training |
| 18 | | requirements. Minimum triennial in-service training |
| 19 | | required this under subparagraph (B) includes training |
| 20 | | and continuing education to Illinois State Police |
| 21 | | officers concerning: |
| 22 | | (i) constitutional and proper use of law |
| 23 | | enforcement authority; |
| 24 | | (ii) civil and human rights; |
| 25 | | (iii) cultural competency, including implicit |
| 26 | | bias and racial and ethnic sensitivity; and |
|
| | SB3597 | - 11 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | (iv) procedural justice; |
| 2 | | (v) autism-informed law enforcement responses, |
| 3 | | techniques, and procedures; and |
| 4 | | (vi) trauma-informed programs, procedures, and |
| 5 | | practices meant to minimize traumatization of the |
| 6 | | victims. |
| 7 | | (C) Mandated reporter; training. Training required |
| 8 | | under this subparagraph (C) must be approved by the |
| 9 | | Department of Children and Family Services as provided |
| 10 | | under Section 4 of the Abused and Neglected Child |
| 11 | | Reporting Act and includes training on the reporting |
| 12 | | of child abuse and neglect. |
| 13 | | (D) Sexual assault and sexual abuse; training. |
| 14 | | (i) Training required under this subparagraph |
| 15 | | (D) shall include in-service training on sexual |
| 16 | | assault and sexual abuse response and training on |
| 17 | | report writing requirements, including, but not |
| 18 | | limited to, the following: |
| 19 | | (a) recognizing the symptoms of trauma; |
| 20 | | (b) understanding the role trauma has |
| 21 | | played in a victim's life; |
| 22 | | (c) responding to the needs and concerns |
| 23 | | of a victim; |
| 24 | | (d) delivering services in a |
| 25 | | compassionate, sensitive, and nonjudgmental |
| 26 | | manner; |
|
| | SB3597 | - 12 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | (e) interviewing techniques in accordance |
| 2 | | with the curriculum standards in subdivision |
| 3 | | (iii) of this subparagraph; |
| 4 | | (f) understanding cultural perceptions and |
| 5 | | common myths of sexual assault and sexual |
| 6 | | abuse; and |
| 7 | | (g) report writing techniques in |
| 8 | | accordance with the curriculum standards in |
| 9 | | subdivision (iii) of this subparagraph and the |
| 10 | | Sexual Assault Incident Procedure Act; |
| 11 | | (h) recognizing special sensitivities of |
| 12 | | victims due to age, including those under the |
| 13 | | age of 13; race; color; creed; religion; |
| 14 | | ethnicity; gender; sexual orientation; |
| 15 | | physical or mental disabilities; immigration |
| 16 | | status; national origin; justice involvement; |
| 17 | | past human trafficking victimization or |
| 18 | | involvement in the sex trade; or other |
| 19 | | qualifications; |
| 20 | | (i) identifying conflicts of interest and |
| 21 | | options to address those conflicts when a |
| 22 | | responding or investigating officer is |
| 23 | | familiar with the victim or accused; and |
| 24 | | (j) screening victims of sexual assault |
| 25 | | and sexual abuse for human trafficking. |
| 26 | | (ii) Instructors providing training under this |
|
| | SB3597 | - 13 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | subparagraph (D) (G) shall have successfully |
| 2 | | completed training on evidence-based, |
| 3 | | trauma-informed, victim-centered responses to |
| 4 | | cases of sexual assault and sexual abuse and shall |
| 5 | | have experience responding to sexual assault and |
| 6 | | sexual abuse cases. |
| 7 | | (iii) The Illinois State Police shall adopt |
| 8 | | rules, in consultation with the Office of the |
| 9 | | Attorney General and the Illinois Law Enforcement |
| 10 | | Training Standards Board, to determine the |
| 11 | | specific training requirements. The rules adopted |
| 12 | | by the Illinois State Police shall include, at a |
| 13 | | minimum, both of the following: |
| 14 | | (a) evidence-based curriculum standards |
| 15 | | for report writing and immediate response to |
| 16 | | sexual assault and sexual abuse, including |
| 17 | | trauma-informed, victim-centered interview |
| 18 | | techniques, which have been demonstrated to |
| 19 | | minimize retraumatization, for all Illinois |
| 20 | | State Police officers; and |
| 21 | | (b) evidence-based curriculum standards |
| 22 | | for trauma-informed, victim-centered |
| 23 | | investigation and interviewing techniques, |
| 24 | | which have been demonstrated to minimize |
| 25 | | retraumatization, for cases of sexual assault |
| 26 | | and sexual abuse for all Illinois State Police |
|
| | SB3597 | - 14 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | officers who conduct sexual assault and sexual |
| 2 | | abuse investigations. |
| 3 | | (4) At least every 5 years, the Division of the |
| 4 | | Academy and Training shall provide the following |
| 5 | | in-service training to Illinois State Police officers: |
| 6 | | (A) Psychology of domestic violence; training. |
| 7 | | Training under this subparagraph (A) shall provide aid |
| 8 | | in understanding the actions of domestic violence |
| 9 | | victims and abusers and the actions needed to prevent |
| 10 | | further victimization of those who have been abused. |
| 11 | | The training shall focus specifically on looking |
| 12 | | beyond physical evidence to the psychology of domestic |
| 13 | | violence situations by studying the dynamics of the |
| 14 | | aggressor-victim relationship, separately evaluating |
| 15 | | claims where both parties claim to be the victim, and |
| 16 | | assessing the long-term effects of domestic violence |
| 17 | | situations. |
| 18 | | (c-10) Cadet training. The Division of the Academy and |
| 19 | | Training shall provide the following basic training to |
| 20 | | Illinois State Police cadets or ensure the following training |
| 21 | | was completed prior to an Illinois State Police cadet becoming |
| 22 | | an Illinois State Police officer: |
| 23 | | (1) Animal fighting awareness and humane response; |
| 24 | | training. Training required under this paragraph (1) shall |
| 25 | | include a training program in animal fighting awareness |
| 26 | | and humane response for Illinois State Police cadets. The |
|
| | SB3597 | - 15 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | purpose of that training shall be for Illinois State |
| 2 | | Police officers to identify animal fighting operations and |
| 3 | | respond appropriately. Training under this paragraph (1) |
| 4 | | shall include a humane response component that provides |
| 5 | | guidelines for appropriate law enforcement response to |
| 6 | | animal abuse, cruelty, and neglect, or similar condition, |
| 7 | | as well as training on canine behavior and nonlethal ways |
| 8 | | to subdue a canine. |
| 9 | | (2) Arrest and use of force and control tactics and |
| 10 | | officer safety; training. Training required under this |
| 11 | | paragraph (2) must include, without limitation, training |
| 12 | | on officer safety techniques, such as cover, concealment, |
| 13 | | and time. |
| 14 | | (3) Arrest of a parent or an immediate family member; |
| 15 | | training. Training required under this paragraph (3) shall |
| 16 | | instruct Illinois State Police cadets on trauma-informed |
| 17 | | responses designed to ensure the physical safety and |
| 18 | | well-being of a child of an arrested parent or immediate |
| 19 | | family member, which must include, without limitation: (A) |
| 20 | | training in understanding the trauma experienced by the |
| 21 | | child while maintaining the integrity of the arrest and |
| 22 | | safety of officers, suspects, and other involved |
| 23 | | individuals; (B) training in de-escalation tactics that |
| 24 | | would include the use of force when reasonably necessary; |
| 25 | | and (C) training in understanding and inquiring whether a |
| 26 | | child will require supervision and care. |
|
| | SB3597 | - 16 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | (4) Autism and other developmental or physical |
| 2 | | disabilities; training. Training required under this |
| 3 | | paragraph (4) shall instruct Illinois State Police cadets |
| 4 | | on identifying and interacting with persons with autism |
| 5 | | and other developmental or physical disabilities, reducing |
| 6 | | barriers to reporting crimes against persons with autism, |
| 7 | | and addressing the unique challenges presented by cases |
| 8 | | involving victims or witnesses with autism and other |
| 9 | | developmental disabilities. |
| 10 | | (5) Cell phone medical information; training. Training |
| 11 | | required under this paragraph (5) shall instruct Illinois |
| 12 | | State Police cadets to access and use medical information |
| 13 | | stored in cell phones. The Division of the Academy and |
| 14 | | Training may use the program approved under Section |
| 15 | | 2310-711 of the Department of Public Health Powers and |
| 16 | | Duties Law of the Civil Administrative Code of Illinois to |
| 17 | | develop the training required under this paragraph (5). |
| 18 | | (6) Compliance with the Health Care Violence |
| 19 | | Prevention Act; training. Training required under this |
| 20 | | paragraph (6) shall provide an appropriate level of |
| 21 | | training for Illinois State Police cadets concerning the |
| 22 | | Health Care Violence Prevention Act. |
| 23 | | (7) Constitutional law; training. Training required |
| 24 | | under this paragraph (7) shall instruct Illinois State |
| 25 | | Police cadets on constitutional and proper use of law |
| 26 | | enforcement authority, procedural justice, civil rights, |
|
| | SB3597 | - 17 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | human rights, and cultural competency, including implicit |
| 2 | | bias and racial and ethnic sensitivity. |
| 3 | | (8) Courtroom testimony; training. |
| 4 | | (9) Crime victims; training. Training required under |
| 5 | | this paragraph (9) shall provide instruction in techniques |
| 6 | | designed to promote effective communication at the initial |
| 7 | | contact with crime victims and to comprehensively explain |
| 8 | | to victims and witnesses their rights under the Rights of |
| 9 | | Crime Victims and Witnesses Act and the Crime Victims |
| 10 | | Compensation Act. |
| 11 | | (10) Criminal law; training. |
| 12 | | (11) Crisis intervention team and mental health |
| 13 | | awareness; training. Training required under this |
| 14 | | paragraph (11) shall include a specialty certification |
| 15 | | course of at least 40 hours, addressing specialized |
| 16 | | policing responses to people with mental illnesses. The |
| 17 | | Division of the Academy and Training shall conduct Crisis |
| 18 | | Intervention Team training programs that train officers to |
| 19 | | identify signs and symptoms of mental illness, to |
| 20 | | de-escalate situations involving individuals who appear to |
| 21 | | have a mental illness and connect individuals in crisis to |
| 22 | | treatment. |
| 23 | | (12) Cultural diversity; training. |
| 24 | | (A) The training required under this paragraph |
| 25 | | (12) shall provide training to Illinois State Police |
| 26 | | cadets concerning cultural competency and cultural |
|
| | SB3597 | - 18 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | diversity, including sensitivity toward racial and |
| 2 | | ethnic differences. |
| 3 | | (B) This training shall include, but not be |
| 4 | | limited to, an emphasis on the fact that the primary |
| 5 | | purpose of enforcement of the Illinois Vehicle Code is |
| 6 | | safety, equal, and uniform and non-discriminatory |
| 7 | | enforcement under the law. |
| 8 | | (13) De-escalation and use of force; training. |
| 9 | | Training required under this paragraph (13) must consist |
| 10 | | of at least 6 hours of instruction on use of force |
| 11 | | techniques, including the use of de-escalation techniques |
| 12 | | to prevent or reduce the need for force whenever safe and |
| 13 | | feasible. |
| 14 | | (14) Domestic violence; training. Training required |
| 15 | | under this paragraph (14) shall provide aid in |
| 16 | | understanding the actions of domestic violence victims and |
| 17 | | abusers and to prevent further victimization of those who |
| 18 | | have been abused, focusing specifically on looking beyond |
| 19 | | the physical evidence to the psychology of domestic |
| 20 | | violence situations, such as the dynamics of the |
| 21 | | aggressor-victim relationship, separately evaluating |
| 22 | | claims where both parties claim to be the victim, and |
| 23 | | long-term effects. |
| 24 | | (15) Effective recognition of and responses to stress, |
| 25 | | trauma, and post-traumatic stress; training. Training |
| 26 | | required under this paragraph (15) shall instruct Illinois |
|
| | SB3597 | - 19 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | State Police cadets to recognize and respond to stress, |
| 2 | | trauma, and post-traumatic stress experienced by law |
| 3 | | enforcement officers. The training must be consistent with |
| 4 | | Section 25 of the Illinois Mental Health First Aid |
| 5 | | Training Act in a peer setting, including recognizing |
| 6 | | signs and symptoms of work-related cumulative stress, |
| 7 | | issues that may lead to suicide, and solutions for |
| 8 | | intervention with peer support resources. |
| 9 | | (16) Elder abuse; training. Training required under |
| 10 | | this paragraph (16) shall teach Illinois State Police |
| 11 | | cadets to recognize neglect and financial exploitation |
| 12 | | against the elderly and adults with disabilities. The |
| 13 | | training shall also teach Illinois State Police cadets to |
| 14 | | recognize self-neglect by the elderly and adults with |
| 15 | | disabilities. In this subparagraph, "adults with |
| 16 | | disabilities" has the meaning given to that term in the |
| 17 | | Adult Protective Services Act. |
| 18 | | (17) Electronic control devices; training. Training |
| 19 | | required under this paragraph (17) shall include training |
| 20 | | in the use of electronic control devices, including the |
| 21 | | psychological and physiological effects of the use of |
| 22 | | those devices on humans. |
| 23 | | (18) Epinephrine auto-injector administration; |
| 24 | | training. Training required under this paragraph (18) |
| 25 | | shall instruct Illinois State Police cadets to recognize |
| 26 | | and respond to anaphylaxis. The training must comply with |
|
| | SB3597 | - 20 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | subsection (c) of Section 40 of the Illinois State Police |
| 2 | | Act. |
| 3 | | (19) Evidence collection; training. Training required |
| 4 | | under this paragraph (19) must include proper procedures |
| 5 | | for collecting, handling, and preserving evidence, and |
| 6 | | rules of law. |
| 7 | | (20) Firearms restraining orders; training. Providing |
| 8 | | instruction on the process used to file a firearms |
| 9 | | restraining order and how to identify situations in which |
| 10 | | a firearms restraining order is appropriate and how to |
| 11 | | safely promote the usage of the firearms restraining order |
| 12 | | in different situations. |
| 13 | | (21) Firearms; training. Successful completion of a |
| 14 | | 40-hour course of training in use of a suitable type |
| 15 | | firearm shall be a condition precedent to the possession |
| 16 | | and use of that respective firearm in connection with the |
| 17 | | officer's official duties. To satisfy the requirements of |
| 18 | | this Act, the training must include the following: |
| 19 | | (A) Instruction in the dangers of misuse of the |
| 20 | | firearm, safety rules, and care and cleaning of the |
| 21 | | firearm. |
| 22 | | (B) Practice firing on a range and qualification |
| 23 | | with the firearm in accordance with the standards |
| 24 | | established by the Board. |
| 25 | | (C) Instruction in the legal use of firearms under |
| 26 | | the Criminal Code of 2012 and relevant court |
|
| | SB3597 | - 21 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | decisions. |
| 2 | | (D) A forceful presentation of the ethical and |
| 3 | | moral considerations assumed by any person who uses a |
| 4 | | firearm. |
| 5 | | (22) First-aid; training. First-aid training must |
| 6 | | include cardiopulmonary resuscitation. |
| 7 | | (23) Hate crimes; training. Training required under |
| 8 | | this paragraph (23) shall instruct Illinois State Police |
| 9 | | cadets in identifying, responding to, and reporting all |
| 10 | | hate crimes. |
| 11 | | (24) High-risk traffic stops; training. Training |
| 12 | | required under this paragraph (24) must consist of at |
| 13 | | least 6 hours of training focused on high-risk traffic |
| 14 | | stops. |
| 15 | | (25) High-speed vehicle chase; training. Training |
| 16 | | required under this paragraph (25) shall instruct Illinois |
| 17 | | State Police cadets on the hazards of high-speed police |
| 18 | | vehicle chases with an emphasis on alternatives to the |
| 19 | | high-speed vehicle chase. |
| 20 | | (26) Human relations; training. |
| 21 | | (27) Human trafficking; training. Training required |
| 22 | | under this paragraph (27) shall instruct Illinois State |
| 23 | | Police cadets in the detection, and investigation, and |
| 24 | | victim-centered, trauma-informed responses to victims of |
| 25 | | all forms of human trafficking, including, but not limited |
| 26 | | to, involuntary servitude under subsection (b) of Section |
|
| | SB3597 | - 22 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | 10-9 of the Criminal Code of 2012, involuntary sexual |
| 2 | | servitude of a minor under subsection (c) of Section 10-9 |
| 3 | | of the Criminal Code of 2012, and trafficking in persons |
| 4 | | under subsection (d) of Section 10-9 of the Criminal Code |
| 5 | | of 2012. This program shall be made available to all |
| 6 | | cadets and Illinois State Police officers. |
| 7 | | (28) Juvenile law; training. Training required under |
| 8 | | this paragraph (28) shall instruct Illinois State Police |
| 9 | | cadets on juvenile law and the proper processing and |
| 10 | | handling of juvenile offenders. |
| 11 | | (29) Mandated reporter; training. Training required |
| 12 | | under this paragraph (29) must be approved by the |
| 13 | | Department of Children and Family Services as provided |
| 14 | | under Section 4 of the Abused and Neglected Child |
| 15 | | Reporting Act and includes training on the reporting of |
| 16 | | child abuse and neglect. |
| 17 | | (30) Mental conditions and crises, training. Training |
| 18 | | required under this paragraph (30) shall include, without |
| 19 | | limitation, (A) recognizing the disease of addiction, (B) |
| 20 | | recognizing situations which require immediate assistance, |
| 21 | | and (C) responding in a manner that safeguards and |
| 22 | | provides assistance to individuals in need of mental |
| 23 | | treatment. |
| 24 | | (31) Officer wellness and suicide prevention; |
| 25 | | training. The training required under this paragraph (31) |
| 26 | | shall include instruction on job-related stress management |
|
| | SB3597 | - 23 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | techniques, skills for recognizing signs and symptoms of |
| 2 | | work-related cumulative stress, recognition of other |
| 3 | | issues that may lead to officer suicide, solutions for |
| 4 | | intervention, and a presentation on available peer support |
| 5 | | resources. |
| 6 | | (32) Officer-worn body cameras; training. |
| 7 | | (A) As used in this paragraph (32), "officer-worn |
| 8 | | body camera" has the meaning given to that term in |
| 9 | | Article 10 of the Law Enforcement Officer-Worn Body |
| 10 | | Camera Act. |
| 11 | | (B) The training required under this paragraph |
| 12 | | (32) shall provide training in the use of officer-worn |
| 13 | | body cameras to cadets who will use officer-worn body |
| 14 | | cameras. |
| 15 | | (33) Opioid antagonists; training. |
| 16 | | (A) As used in this paragraph (33), "opioid |
| 17 | | antagonist" has the meaning given to that term in |
| 18 | | subsection (e) of Section 5-23 of the Substance Use |
| 19 | | Disorder Act. |
| 20 | | (B) Training required under this paragraph (33) |
| 21 | | shall instruct Illinois State Police cadets to |
| 22 | | administer opioid antagonists. |
| 23 | | (34) Persons arrested while under the influence of |
| 24 | | alcohol or drugs; training. Training required under this |
| 25 | | paragraph (34) shall comply with Illinois State Police |
| 26 | | policy adopted under Section 2605-54. The training shall |
|
| | SB3597 | - 24 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | be consistent with the Substance Use Disorder Act and |
| 2 | | shall provide guidance for the arrest of persons under the |
| 3 | | influence of alcohol or drugs, proper medical attention if |
| 4 | | warranted, and care and release of those persons from |
| 5 | | custody. The training shall provide guidance concerning |
| 6 | | the release of persons arrested under the influence of |
| 7 | | alcohol or drugs who are under the age of 21 years of age, |
| 8 | | which shall include, but shall not be limited to, |
| 9 | | instructions requiring the arresting officer to make a |
| 10 | | reasonable attempt to contact a responsible adult who is |
| 11 | | willing to take custody of the person who is under the |
| 12 | | influence of alcohol or drugs. |
| 13 | | (35) Physical training. |
| 14 | | (36) Post-traumatic stress disorder; training. |
| 15 | | Training required under this paragraph (36) shall equip |
| 16 | | Illinois State Police cadets to identify the symptoms of |
| 17 | | post-traumatic stress disorder and to respond |
| 18 | | appropriately to individuals exhibiting those symptoms. |
| 19 | | (37) Report writing; training. Training required under |
| 20 | | this paragraph (37) shall instruct Illinois State Police |
| 21 | | cadets on writing reports and proper documentation of |
| 22 | | statements. |
| 23 | | (38) Scenario training. At least 12 hours of hands-on, |
| 24 | | scenario-based role-playing. |
| 25 | | (39) Search and seizure; training. Training required |
| 26 | | under this paragraph (39) shall instruct Illinois State |
|
| | SB3597 | - 25 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | Police cadets on search and seizure, including temporary |
| 2 | | questioning. |
| 3 | | (40) Sexual assault and sexual abuse; training. |
| 4 | | Training required under this paragraph (40) shall instruct |
| 5 | | Illinois State Police cadets on sexual assault and sexual |
| 6 | | abuse response and report writing training requirements, |
| 7 | | including, but not limited to, the following: |
| 8 | | (A) recognizing the symptoms of trauma; |
| 9 | | (B) understanding the role trauma has played in a |
| 10 | | victim's life; |
| 11 | | (C) responding to the needs and concerns of a |
| 12 | | victim; |
| 13 | | (D) delivering services in a compassionate, |
| 14 | | sensitive, and nonjudgmental manner; |
| 15 | | (E) interviewing techniques in accordance with the |
| 16 | | curriculum standards in subsection (f) of Section |
| 17 | | 10.19 of the Illinois Police Training Act; |
| 18 | | (F) understanding cultural perceptions and common |
| 19 | | myths of sexual assault and sexual abuse; and |
| 20 | | (G) report-writing techniques in accordance with |
| 21 | | the curriculum standards in subsection (f) of Section |
| 22 | | 10.19 of the Illinois Police Training Act and the |
| 23 | | Sexual Assault Incident Procedure Act; |
| 24 | | (H) recognizing special sensitivities of victims |
| 25 | | due to age, including those under the age of 13; race; |
| 26 | | color; creed; religion; ethnicity; gender; sexual |
|
| | SB3597 | - 26 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | orientation; physical or mental disabilities; |
| 2 | | immigration status; national origin; justice |
| 3 | | involvement; past human trafficking victimization or |
| 4 | | involvement in the sex trade; or other qualifications; |
| 5 | | (I) identifying conflicts of interest and options |
| 6 | | to address those conflicts when a responding or |
| 7 | | investigating officer is familiar with the victim or |
| 8 | | accused; and |
| 9 | | (J) screening of victims of sexual assault and |
| 10 | | sexual abuse for human trafficking. |
| 11 | | (41) Traffic control and crash investigation; |
| 12 | | training. |
| 13 | | (d) The Division of the Academy and Training shall |
| 14 | | administer and conduct a program consistent with 18 U.S.C. |
| 15 | | 926B and 926C for qualified active and retired Illinois State |
| 16 | | Police officers. |
| 17 | | (Source: P.A. 103-34, eff. 1-1-24; 103-939, eff. 1-1-25; |
| 18 | | 103-949, eff. 1-1-25; 104-24, eff. 1-1-26; 104-417, eff. |
| 19 | | 8-15-25; revised 9-10-25.) |
| 20 | | (20 ILCS 2605/2605-52) |
| 21 | | Sec. 2605-52. Division of Statewide 9-1-1. |
| 22 | | (a) There shall be established an Office of the Statewide |
| 23 | | 9-1-1 Administrator within the Division of Statewide 9-1-1. |
| 24 | | Beginning January 1, 2016, the Office of the Statewide 9-1-1 |
| 25 | | Administrator shall be responsible for developing, |
|
| | SB3597 | - 27 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | implementing, and overseeing a uniform statewide 9-1-1 system |
| 2 | | for all areas of the State outside of municipalities having a |
| 3 | | population over 500,000. |
| 4 | | (b) The Governor shall appoint, with the advice and |
| 5 | | consent of the Senate, a Statewide 9-1-1 Administrator. The |
| 6 | | Administrator shall serve for a term of 2 years and until a |
| 7 | | successor is appointed and qualified; except that the term of |
| 8 | | the first 9-1-1 Administrator appointed under this Act shall |
| 9 | | expire on the third Monday in January, 2017. The Administrator |
| 10 | | shall not hold any other remunerative public office. The |
| 11 | | Administrator shall receive an annual salary as set by the |
| 12 | | Governor. |
| 13 | | (c) The Illinois State Police, from appropriations made to |
| 14 | | it for that purpose, shall make grants to 9-1-1 Authorities |
| 15 | | for the purpose of defraying costs associated with 9-1-1 |
| 16 | | system consolidations awarded by the Administrator under |
| 17 | | Section 15.4b of the Emergency Telephone System Act. |
| 18 | | (d) The Division of Statewide 9-1-1 shall exercise the |
| 19 | | rights, powers, and duties vested by law in the Illinois State |
| 20 | | Police by the Illinois State Police Radio Act and shall |
| 21 | | oversee the Illinois State Police radio network, including the |
| 22 | | Illinois State Police Emergency Radio Network and Illinois |
| 23 | | State Police's STARCOM21. |
| 24 | | (e) The Division of Statewide 9-1-1 shall also conduct the |
| 25 | | following communication activities: |
| 26 | | (1) Acquire and operate one or more radio broadcasting |
|
| | SB3597 | - 28 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | stations in the State to be used for police purposes. |
| 2 | | (2) Operate a statewide communications network to |
| 3 | | gather and disseminate information for law enforcement |
| 4 | | agencies. |
| 5 | | (3) Undertake other communication activities that may |
| 6 | | be required by law. |
| 7 | | (4) Oversee Illinois State Police telecommunications. |
| 8 | | (f) The Division of Statewide 9-1-1 shall oversee the |
| 9 | | Illinois State Police fleet operations. |
| 10 | | (g) The Division of Statewide 9-1-1 shall cooperate with |
| 11 | | federal and State authorities that are engaged in aeronautics |
| 12 | | and that request to use the Illinois State Police's radio |
| 13 | | network system. |
| 14 | | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; |
| 15 | | 103-605, eff. 7-1-24.) |
| 16 | | (20 ILCS 2605/2605-350) (was 20 ILCS 2605/55a in part) |
| 17 | | Sec. 2605-350. Juveniles; police contact recordkeeping |
| 18 | | record keeping system. The Illinois State Police shall |
| 19 | | maintain a To develop a separate statewide statistical police |
| 20 | | contact recordkeeping record keeping system for the study of |
| 21 | | juvenile delinquency. The reports records of this police |
| 22 | | contact system shall be limited to statistical information. No |
| 23 | | individually identifiable information shall be included in any |
| 24 | | report maintained in the police contact statistical record |
| 25 | | system. |
|
| | SB3597 | - 29 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372, |
| 2 | | eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; |
| 3 | | 90-793, eff. 8-14-98; 91-239, eff. 1-1-00.) |
| 4 | | (20 ILCS 2605/2605-575) |
| 5 | | Sec. 2605-575. Children's fingerprints or DNA. With the |
| 6 | | written permission of the child's parent or guardian, the |
| 7 | | Illinois State Police may collect retain the fingerprints or |
| 8 | | DNA fingerprint record of a child fingerprinted by the |
| 9 | | Illinois State Police at any location of collection, such as a |
| 10 | | State fair, county fair, or other place the Illinois State |
| 11 | | Police collects such data. The fingerprints or DNA record may |
| 12 | | be retained by the parent or guardian and used only if the |
| 13 | | child is later missing or abducted, if an Amber Alert is issued |
| 14 | | for that child, or if a missing person report is filed for that |
| 15 | | child with one or more local law enforcement agencies, and for |
| 16 | | no other purpose. After the child reaches the age of 18, the |
| 17 | | record must be destroyed unless the Illinois State Police, |
| 18 | | within a reasonable period after the fingerprinted person's |
| 19 | | 18th birthday, obtains the permission of the fingerprinted |
| 20 | | person to retain the fingerprint record. |
| 21 | | (Source: P.A. 102-538, eff. 8-20-21.) |
| 22 | | (20 ILCS 2605/2605-505 rep.) |
| 23 | | Section 10. The Illinois State Police Law of the Civil |
| 24 | | Administrative Code of Illinois is amended by repealing |
|
| | SB3597 | - 30 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | Section 2605-505. |
| 2 | | Section 15. The Intergovernmental Drug Laws Enforcement |
| 3 | | Act is amended by changing Section 3 as follows: |
| 4 | | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703) |
| 5 | | Sec. 3. A Metropolitan Enforcement Group which meets the |
| 6 | | minimum criteria established in this Section is eligible to |
| 7 | | receive State grants to help defray the costs of operation. To |
| 8 | | be eligible a MEG must: |
| 9 | | (1) Be established and operating pursuant to |
| 10 | | intergovernmental contracts written and executed in |
| 11 | | conformity with the Intergovernmental Cooperation Act, and |
| 12 | | involve 2 or more units of local government. |
| 13 | | (2) Establish a MEG Policy Board composed of an |
| 14 | | elected official, or his designee, and the chief law |
| 15 | | enforcement officer, or his designee, from each |
| 16 | | participating unit of local government to oversee the |
| 17 | | operations of the MEG and make such reports to the |
| 18 | | Illinois State Police as the Illinois State Police may |
| 19 | | require. |
| 20 | | (3) Designate a single appropriate elected official of |
| 21 | | a participating unit of local government to act as the |
| 22 | | financial officer of the MEG for all participating units |
| 23 | | of local government and to receive funds for the operation |
| 24 | | of the MEG. |
|
| | SB3597 | - 31 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | (4) Limit its operations to enforcement of drug laws; |
| 2 | | enforcement of Sections 10-9, 12-9, 24-1, 24-1.1, 24-1.2, |
| 3 | | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3, |
| 4 | | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, |
| 5 | | 24-3.9, 24-3A, 24-3B, 24-4, and 24-5, and 29D of the |
| 6 | | Criminal Code of 2012; Sections 2, 3, 6.1, 9.5, and 14 of |
| 7 | | the Firearm Owners Identification Card Act; protection of |
| 8 | | federal and state officials; and the investigation of |
| 9 | | streetgang related offenses. |
| 10 | | (5) Cooperate with the Illinois State Police in order |
| 11 | | to assure compliance with this Act and to enable the |
| 12 | | Illinois State Police to fulfill its duties under this |
| 13 | | Act, and supply the Illinois State Police with all |
| 14 | | information the Illinois State Police deems necessary |
| 15 | | therefor. |
| 16 | | (6) Receive funding of at least 50% of the total |
| 17 | | operating budget of the MEG from the participating units |
| 18 | | of local government. |
| 19 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| 20 | | 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.) |
| 21 | | Section 20. The Code of Criminal Procedure of 1963 is |
| 22 | | amended by changing Section 115-15 as follows: |
| 23 | | (725 ILCS 5/115-15) |
| 24 | | Sec. 115-15. Laboratory reports. |
|
| | SB3597 | - 32 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | (a) In any criminal prosecution for a violation of the |
| 2 | | Cannabis Control Act, the Illinois Controlled Substances Act, |
| 3 | | or the Methamphetamine Control and Community Protection Act, a |
| 4 | | laboratory report from the Illinois State Police, Division of |
| 5 | | Forensic Services, that is signed and sworn to by the person |
| 6 | | performing an analysis and that states (1) that the substance |
| 7 | | that is the basis of the alleged violation has been weighed and |
| 8 | | analyzed, and (2) the person's findings as to the contents, |
| 9 | | weight and identity of the substance, and (3) that it contains |
| 10 | | any amount of a controlled substance or cannabis is prima |
| 11 | | facie evidence of the contents, identity and weight of the |
| 12 | | substance. Attached to the report shall be a copy of a |
| 13 | | notarized statement by the signer of the report giving the |
| 14 | | name of the signer and stating (i) that he or she is an |
| 15 | | employee of the Illinois State Police, Division of Forensic |
| 16 | | Services, (ii) the name and location of the laboratory where |
| 17 | | the analysis was performed, (iii) that performing the analysis |
| 18 | | is a part of his or her regular duties, and (iv) that the |
| 19 | | signer is qualified by education, training and experience to |
| 20 | | perform the analysis. The signer shall also allege that |
| 21 | | scientifically accepted tests were performed with due caution |
| 22 | | and that the evidence was handled in accordance with |
| 23 | | established and accepted procedures while in the custody of |
| 24 | | the laboratory. |
| 25 | | (a-5) In any criminal prosecution for reckless homicide |
| 26 | | under Section 9-3 of the Criminal Code of 1961 or the Criminal |
|
| | SB3597 | - 33 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | Code of 2012, or driving under the influence of alcohol, other |
| 2 | | drug, or combination of both, in violation of Section 11-501 |
| 3 | | of the Illinois Vehicle Code or in any civil action held under |
| 4 | | a statutory summary suspension or revocation hearing under |
| 5 | | Section 2-118.1 of the Illinois Vehicle Code, a laboratory |
| 6 | | report from the Illinois State Police, Division of Forensic |
| 7 | | Services, that is signed and sworn to by the person performing |
| 8 | | an analysis, and that states that the sample of blood, other |
| 9 | | bodily substance, or urine was tested for alcohol or drugs, |
| 10 | | and contains the person's findings as to the presence and |
| 11 | | amount of alcohol or drugs and type of drug is prima facie |
| 12 | | evidence of the presence, content, and amount of the alcohol |
| 13 | | or drugs analyzed in the blood, other bodily substance, or |
| 14 | | urine. Attached to the report must be a copy of a notarized |
| 15 | | statement by the signer of the report giving the name of the |
| 16 | | signer and stating (1) that he or she is an employee of the |
| 17 | | Illinois State Police, Division of Forensic Services, (2) the |
| 18 | | name and location of the laboratory where the analysis was |
| 19 | | performed, (3) that performing the analysis is a part of his or |
| 20 | | her regular duties, (4) that the signer is qualified by |
| 21 | | education, training, and experience to perform the analysis, |
| 22 | | and (5) that scientifically accepted tests were performed with |
| 23 | | due caution and that the evidence was handled in accordance |
| 24 | | with established and accepted procedures while in the custody |
| 25 | | of the laboratory. |
| 26 | | (b) The State's Attorney shall serve a copy of the report |
|
| | SB3597 | - 34 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | on the attorney of record for the accused, or on the accused if |
| 2 | | he or she has no attorney, before any proceeding in which the |
| 3 | | report is to be used against the accused other than at a |
| 4 | | preliminary hearing or grand jury hearing when the report may |
| 5 | | be used without having been previously served upon the |
| 6 | | accused. |
| 7 | | (c) The report shall not be prima facie evidence if the |
| 8 | | accused or his or her attorney demands the testimony of the |
| 9 | | person signing the report by serving the demand upon the |
| 10 | | State's Attorney within 7 days from the accused or his or her |
| 11 | | attorney's receipt of the report. |
| 12 | | (Source: P.A. 102-538, eff. 8-20-21.) |
| 13 | | Section 25. The Freedom from Drone Surveillance Act is |
| 14 | | amended by changing Section 15 as follows: |
| 15 | | (725 ILCS 167/15) |
| 16 | | Sec. 15. Exceptions. This Act does not prohibit the use of |
| 17 | | a drone by a law enforcement agency: |
| 18 | | (1) To counter a high risk of a terrorist attack by a |
| 19 | | specific individual or organization if the United States |
| 20 | | Secretary of Homeland Security determines that credible |
| 21 | | intelligence indicates that there is that risk. |
| 22 | | (2) If a law enforcement agency first obtains a search |
| 23 | | warrant based on probable cause issued under Section 108-3 |
| 24 | | of the Code of Criminal Procedure of 1963. The warrant |
|
| | SB3597 | - 35 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | must be limited to a period of 45 days, renewable by the |
| 2 | | judge upon a showing of good cause for subsequent periods |
| 3 | | of 45 days. |
| 4 | | (3) If a law enforcement agency possesses reasonable |
| 5 | | suspicion that, under particular circumstances, swift |
| 6 | | action is needed to prevent imminent harm to life, or to |
| 7 | | forestall the imminent escape of a suspect or the |
| 8 | | destruction of evidence. The use of a drone under this |
| 9 | | paragraph (3) is limited to a period of 48 hours. Within 24 |
| 10 | | hours of the initiation of the use of a drone under this |
| 11 | | paragraph (3), the chief executive officer of the law |
| 12 | | enforcement agency or the chief executive officer's |
| 13 | | designee must report in writing the use of a drone to the |
| 14 | | local State's Attorney. |
| 15 | | (4) If a law enforcement agency is not undertaking a |
| 16 | | criminal investigation but is attempting to locate a |
| 17 | | missing person, engaging in search and rescue operations, |
| 18 | | or aiding a person who cannot otherwise be safely reached. |
| 19 | | (5) If a law enforcement agency is using a drone |
| 20 | | solely for crime scene and traffic crash scene |
| 21 | | photography. Crime scene and traffic crash photography |
| 22 | | must be conducted in a geographically confined and |
| 23 | | time-limited manner to document specific occurrences. The |
| 24 | | use of a drone under this paragraph (5) on private |
| 25 | | property requires either a search warrant based on |
| 26 | | probable cause under Section 108-3 of the Code of Criminal |
|
| | SB3597 | - 36 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | Procedure of 1963 or lawful consent to search. The use of a |
| 2 | | drone under this paragraph (5) on lands, highways, |
| 3 | | roadways, or areas belonging to this State or political |
| 4 | | subdivisions of this State does not require a search |
| 5 | | warrant or consent to search. Any law enforcement agency |
| 6 | | operating a drone under this paragraph (5) shall make |
| 7 | | every reasonable attempt to only photograph the crime |
| 8 | | scene or traffic crash scene and avoid other areas. |
| 9 | | (6) If a law enforcement agency is using a drone |
| 10 | | during a disaster or public health emergency, as defined |
| 11 | | by Section 4 of the Illinois Emergency Management Agency |
| 12 | | Act. The use of a drone under this paragraph (6) does not |
| 13 | | require an official declaration of a disaster or public |
| 14 | | health emergency prior to use. A law enforcement agency |
| 15 | | may use a drone under this paragraph (6) to obtain |
| 16 | | information necessary for the determination of whether or |
| 17 | | not a disaster or public health emergency should be |
| 18 | | declared, to monitor weather or emergency conditions, to |
| 19 | | survey damage, or to otherwise coordinate response and |
| 20 | | recovery efforts. The use of a drone under this paragraph |
| 21 | | (6) is permissible during the disaster or public health |
| 22 | | emergency and during subsequent response and recovery |
| 23 | | efforts. |
| 24 | | (7) To conduct an infrastructure inspection of a |
| 25 | | designated building or structure at the express request of |
| 26 | | a local government agency. Any law enforcement agency |
|
| | SB3597 | - 37 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | operating a drone under this paragraph (7) shall make |
| 2 | | every reasonable attempt to photograph only the building |
| 3 | | or structure and to avoid other areas. |
| 4 | | (8) To demonstrate the capabilities and functionality |
| 5 | | of a police drone for public relations purposes, provided |
| 6 | | that no information is collected or recorded by the drone |
| 7 | | during such demonstration. |
| 8 | | (9) In response to Public Safety Answering Point |
| 9 | | (PSAP) dispatched calls for service, when the sole purpose |
| 10 | | for using a drone is for one or more first responders to |
| 11 | | locate victims, to assist with immediate victim health or |
| 12 | | safety needs, or to coordinate the response of emergency |
| 13 | | vehicles and personnel to an emergency. As used in this |
| 14 | | paragraph (9), "Public Safety Answering Point" and "PSAP" |
| 15 | | have the meaning given to those terms in Section 2 of the |
| 16 | | Emergency Telephone System Act. |
| 17 | | (10) If a law enforcement agency is using a drone at a |
| 18 | | routed event or special event. The use of a drone under |
| 19 | | this paragraph (10) requires that: |
| 20 | | (A) notice is posted at the event location for at |
| 21 | | least 24 hours before the event and clearly |
| 22 | | communicates that drones may be used at the upcoming |
| 23 | | event for the purpose of real-time monitoring of |
| 24 | | participant safety; |
| 25 | | (B) notice is posted, if practical, at major entry |
| 26 | | points to the event clearly informing the attendees |
|
| | SB3597 | - 38 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | that a drone may be used for the purpose of real-time |
| 2 | | monitoring of participant safety; and |
| 3 | | (C) the drone is flown in accordance with Federal |
| 4 | | Aviation Administration safety regulations. |
| 5 | | Under this paragraph (10), a law enforcement agency |
| 6 | | may use the drone: |
| 7 | | (i) in advance of an event, before event |
| 8 | | participants have begun to assemble, for the sole |
| 9 | | purpose of creating maps and determining appropriate |
| 10 | | access routes, staging areas, and traffic routes, |
| 11 | | provided that no personal identifying information is |
| 12 | | recorded and provided further that no recorded |
| 13 | | information is used in any criminal prosecution; or |
| 14 | | (ii) during the event to proactively support |
| 15 | | public safety personnel by monitoring the event |
| 16 | | footprint in real time: |
| 17 | | (I) to detect a breach of event space, |
| 18 | | including a breach by an unauthorized vehicle, an |
| 19 | | interruption of a parade route, or a breach of an |
| 20 | | event barricade or fencing; |
| 21 | | (II) to evaluate crowd size and density; |
| 22 | | (III) to identify activity that could present |
| 23 | | a public safety issue for the crowd as a whole, |
| 24 | | including crowd movement; |
| 25 | | (IV) to assist in the response of public |
| 26 | | safety personnel to a real-time public safety |
|
| | SB3597 | - 39 - | LRB104 17709 RTM 31140 b |
|
|
| 1 | | incident at the event; and |
| 2 | | (V) to assess the traffic and pedestrian flow |
| 3 | | around the event in real time. |
| 4 | | (Source: P.A. 103-101, eff. 6-16-23.) |
| 5 | | Section 99. Effective date. This Act takes effect upon |
| 6 | | becoming law. |
| | | SB3597 | - 40 - | LRB104 17709 RTM 31140 b |
|
| | 1 | |
INDEX
| | 2 | |
Statutes amended in order of appearance
| | | 3 | | 20 ILCS 2605/2605-30 | was 20 ILCS 2605/55a-2 | | | 4 | | 20 ILCS 2605/2605-51 | | | | 5 | | 20 ILCS 2605/2605-52 | | | | 6 | | 20 ILCS 2605/2605-350 | was 20 ILCS 2605/55a in part | | | 7 | | 20 ILCS 2605/2605-575 | | | | 8 | | 20 ILCS 2605/2605-505 rep. | | | | 9 | | 30 ILCS 715/3 | from Ch. 56 1/2, par. 1703 | | | 10 | | 725 ILCS 5/115-15 | | | | 11 | | 725 ILCS 167/15 | |
|
|