HB1195 97TH GENERAL ASSEMBLY

LRB097 06380 PJG 46462 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1195

Introduced 2/8/2011, by Rep. Monique D. Davis

SYNOPSIS AS INTRODUCED:

New Act
20 ILCS 2605/2605-595 new

Creates the Illinois Police Canine Certification Act. Creates the Illinois Police Canine Certification Board. Sets forth the membership of the Board. Provides that the Board shall establish requirements for certification of police canines used by law enforcement agencies within the State. Provides that the requirements shall be adopted by the Illinois Law Enforcement Training Standards Board. Provides that each law enforcement agency that uses police canines shall comply with the certification requirements within 12 months after the adoption of the requirements. Provides that the Board shall review statistical reports of the use of police canines for traffic stops. Amends the Department of State Police Law to provide that the Department of State Police shall provide administrative support to the Board. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

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 Illinois Police Canine Certification Act.

Section 5. Illinois Police Canine Certification Board; members.

(a) The Illinois Police Canine Certification Board (Board) is hereby created. The Board shall consist of 11 members appointed as follows:

(1) two members appointed by the Illinois Chiefs of Police Association, one of whom shall represent the Chicago Police Department;

(2) two members appointed by the Illinois Sheriffs Association, one of whom shall represent the Cook County Sheriff's Department;

(3) two members appointed by the Department of State Police;

(4) two members representing the canine industry who shall be appointed by the Law Enforcement Training Standards Board;

(5) two members appointed by the Illinois State Police Academy Canine Training Section; and

(6) the Chairman of the Law Enforcement Training Standards Board or his or her designee.

(b) All Board members, except for appointed representatives from the canine industry, shall be sworn officers from municipal, county, or State police departments. All Board members shall have completed a State-recognized police canine training course or shall be recognized by the State as a canine trainer. In addition, all Board members shall have trained at least 3 police canine dogs or shall have served as a judge on at least 5 separate occasions with either the United States Police Canine Association or the North American Police Work Dog Association.

(c) Board members shall serve without compensation, but may be reimbursed for their actual and necessary expenses.

(d) The Chairman of the Board shall be appointed from among its members.

(e) The Department of State Police shall provide administrative support for the Board.

Section 10. Requirements for police canines. Within 180 days after its members are appointed and qualified, the Illinois Police Canine Certification Board shall, by administrative rule, establish requirements for the certification of all police canines that are used by law enforcement agencies within the State. The canine certification requirements shall be submitted to and adopted by the Law Enforcement Training Standards Board within 90 days after receipt. Each law enforcement agency that uses police canines shall comply with the requirements within 12 months after the adoption of the requirements.

Section 15. Police canine records, statistics, and reports.

(a) A law enforcement agency that uses a police canine shall keep a record of each traffic stop in which the police canine is used. The record shall include, but shall not be limited to, the following information:

(1) The location or address of the traffic stop.

(2) Whether the canine accurately indicated the presence of a controlled substance or any other substance or device the possession of which is unlawful or may be used as evidence in a criminal proceeding.

(3) The race of the driver.

(b) The law enforcement agency shall compile a statistical report using the records described in subsection (a) and shall issue that report to the Police Canine Certification Board and the Racial Profiling Prevention and Data Oversight Board for review.

Section 20. The Department of State Police Law of the Civil Administrative Code of Illinois is amended by adding Section 2605-595 as follows:

(20 ILCS 2605/2605-595 new)

Sec. 2605-595. Illinois Police Canine Certification Board. The Department shall provide administrative support to the Illinois Police Canine Certification Board.

Section 99. Effective date. This Act takes effect upon becoming law.