95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB4519


 
Introduced , by Rep. LaShawn K. Ford
 
SYNOPSIS AS INTRODUCED:
 		








  




20 ILCS 2610/24 new






50 ILCS 705/7.6 new






725 ILCS 5/103-3.5 new





725 ILCS 5/103-7
  from Ch. 38, par. 103-7







    Amends the State Police Act and the Illinois Police Training Act.   Provides that the Illinois Law Enforcement Training Standards Board shall develop guidelines and training

for use by State and local law enforcement officers to address

issues related to child safety when a caretaker parent or guardian is

arrested.  Establishes the minimum guidelines and training that must be included by the Board.  Amends the Code of Criminal Procedure of 1963.  Provides that if, upon questioning by a peace officer immediately following a person's arrest, the arrested

person is identified as a custodial parent or guardian with responsibility for a

minor child, the arrested person shall be entitled to make 2

telephone calls, in addition to the telephone calls permitted under the Code,  at no expense if the telephone calls are completed to

telephone numbers within the local calling area, to a relative or

other person for the purpose of arranging for the care of the minor

child or children in the parent or guardian's absence.  Provides that a public officer or employee who knowingly deprives an

arrested person of any right granted by this provision is guilty of a

Class A misdemeanor.
















LRB095 15727 RLC 41734 b

















CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY


FISCAL NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB4519

LRB095 15727 RLC 41734 b






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    AN ACT concerning criminal law.

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


 
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    Section 5. The State Police Act is amended  by adding 
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Section 24 as follows:
 
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    (20 ILCS 2610/24 new)

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    Sec. 24. Protocols concerning arrest of caretakers of 
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children. The Director shall adopt the protocols concerning the 
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arrest of caretakers of children as provided in Section 7.6 of 
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the Illinois Police Training Act,  which protocols shall be 
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followed by State police officers.

 
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    Section 10. The Illinois Police Training Act is amended  by 
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adding Section 7.6 as follows:
 
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    (50 ILCS 705/7.6  new)
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    Sec. 7.6. Protocols concerning arrest of caretakers of 
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children.
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    (a) It is the intent of the General Assembly to encourage 
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law

enforcement and county child welfare agencies to develop 
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protocols in

collaboration with other local entities, which may 
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include local

educational, judicial, correctional, and 
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community-based

organizations, when appropriate, regarding how 
 


 






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LRB095 15727 RLC 41734 b




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to best cooperate in

their response to the arrest of a 
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caretaker parent or guardian of a

minor child, to ensure the 
3
child's safety and well-being.
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    (b) The General Assembly encourages the Illinois Law 
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Enforcement Training Standards Board to apply

to the federal 
6
government for a statewide training grant with the purpose of 
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enabling

the Board to provide training for Illinois law 
8
enforcement

officers to assist them in developing protocols and 
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adequately

addressing issues related to child safety when a 
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caretaker parent or

guardian is arrested.
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    (c) The Board shall develop guidelines and training

for use 
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by State and local law enforcement officers to address

issues 
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related to child safety when a caretaker parent or guardian is


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arrested.
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    (d) The guidelines and training shall, at a minimum, 
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address the

following subjects:
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        (1) procedures to ensure that officers and custodial 
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    employees

inquire whether an arrestee has minor dependent 
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    children without

appropriate supervision;
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        (2) authorizing additional telephone calls by 
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    arrestees so that

they may arrange for the care of minor 
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    dependent children;
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        (3) use of county child welfare services, as 
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    appropriate, and

other similar service providers to assist 
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    in the placement of

dependent children when the parent or 
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    guardian is unable or unwilling

to arrange suitable care 
 


 






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    for the child or children;
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        (4) identification of local government or 
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    nongovernmental agencies

able to provide appropriate 
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    custodial services;
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        (5) temporary supervision of minor children to ensure 
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    their safety

and well-being;

   and
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        (6) sample procedures to assist State and local law 
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    enforcement

agencies to develop ways to ensure the safety 
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    and well-being of

children when the parent or guardian has 
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    been arrested.
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    (e) The Board shall use appropriate subject matter experts,


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including representatives of law enforcement and county child 
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welfare

agencies, in developing the guidelines and training 
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required by this

Section. 
 
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    Section 15. The Code of Criminal Procedure of 1963 is 
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amended  by changing Section 103-7 and  by adding Section 103-3.5 
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as follows:
 
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    (725 ILCS 5/103-3.5  new)
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    Sec. 103-3.5. Arrestees who are custodial parents or 
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guardians.
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    (a) If, upon questioning by a peace officer immediately 
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following a person's arrest, the arrested

person is identified 
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as a custodial parent or guardian with responsibility for a


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minor child, the arrested person shall be entitled to make 2


 


 






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telephone calls, in addition to the telephone calls permitted 
2
under Section 103-3,  at no expense if the telephone calls are 
3
completed to

telephone numbers within the local calling area, 
4
to a relative or

other person for the purpose of arranging for 
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the care of the minor

child or children in the parent or 
6
guardian's absence.
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    (b) These telephone calls shall be given immediately upon 
8
request,

or as soon as practicable.
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    (c) This Section does not abrogate a peace officer's

duty 
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to advise a suspect of his or her right to counsel or of any


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other right.
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    (d) Any public officer or employee who knowingly deprives 
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an

arrested person of any right granted by this Section is 
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guilty of a

Class A misdemeanor. 
 



15
    (725 ILCS 5/103-7)  (from Ch. 38, par. 103-7)



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    Sec. 103-7. Posting notice of rights. 

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    Every sheriff, chief of police or other person who is in 
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charge of any
jail, police station or other building where 
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persons under arrest are held
in custody pending investigation, 
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bail or other criminal proceedings, shall
post in every room, 
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other than cells, of such buildings where persons are
held in 
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custody, in conspicuous places where it may be seen and read by

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persons in custody and others, a poster, printed in large type, 
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containing
a verbatim copy in the English language of the 
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provisions of Sections 103-2,
103-3, 103-3.5, 103-4, 109-1, 
 


 






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110-2, 110-4, and sub-parts (a) and (b) of
Sections 110-7 and 
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113-3 of this Code. Each person who is in charge of
any 
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courthouse or other building in which any trial of an offense 
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is
conducted shall post in each room primarily used for such 
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trials and in
each room in which defendants are confined or 
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wait, pending trial, in
conspicuous places where it may be seen 
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and read by persons in custody and
others, a poster, printed in 
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large type, containing a verbatim copy in the
English language 
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of the provisions of Sections 103-6, 113-1, 113-4 and
115-1 and 
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of subparts (a) and (b) of Section 113-3 of this Code.

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(Source: Laws 1965, p. 2622.)