Rep. Frances Ann Hurley
Filed: 3/27/2019
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1 | AMENDMENT TO HOUSE BILL 2766
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2 | AMENDMENT NO. ______. Amend House Bill 2766 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the First | ||||||
5 | Responders Suicide Prevention Act. | ||||||
6 | Section 5. Definitions. In this Act: | ||||||
7 | "Emergency services provider" means any public employer | ||||||
8 | that employs persons to provide firefighting services. | ||||||
9 | "Emergency services personnel" means any employee of an | ||||||
10 | emergency services provider who is engaged in providing fire | ||||||
11 | fighting services. | ||||||
12 | "Employee assistance program" means a program established | ||||||
13 | by a
law enforcement agency, emergency services provider, | ||||||
14 | union, or
other entity providing counseling support, | ||||||
15 | referrals,
information, or other social services to public | ||||||
16 | safety personnel or emergency services personnel.
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1 | "Law enforcement agency" means any county sheriff, | ||||||
2 | municipal police department, police department established by | ||||||
3 | a university, Department of State Police, Department of | ||||||
4 | Corrections, Department of Children and Family Services, | ||||||
5 | Division of Probation Services of the Supreme Court, the Office | ||||||
6 | of the Statewide 9-1-1 Administrator, and other local or county | ||||||
7 | agency comprised of county probation officers, corrections | ||||||
8 | employees, or 9-1-1 telecommunicators or emergency medical | ||||||
9 | dispatchers. | ||||||
10 | "Peer support counseling session" means communication with | ||||||
11 | a counselor through an employee assistance program or a trained | ||||||
12 | peer support counselor designated by the emergency services | ||||||
13 | provider or law enforcement agency. | ||||||
14 | "Public safety personnel" means any employee of a law | ||||||
15 | enforcement agency. | ||||||
16 | Section 10. Establishment of employee assistance program; | ||||||
17 | applicability. An emergency services provider, law enforcement | ||||||
18 | agency, union, or
other entity providing counseling support, | ||||||
19 | referrals,
information, or other social services to public | ||||||
20 | safety personnel or emergency services personnel that creates | ||||||
21 | an employee assistance program is subject to this Act. This Act | ||||||
22 | also applies to peer support counseling sessions conducted by | ||||||
23 | an employee or other person who: (1) has been designated by a | ||||||
24 | law enforcement agency or emergency services provider or by an | ||||||
25 | employee assistance program to act as a counselor; and (2) has |
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1 | received training in counseling to provide emotional and moral | ||||||
2 | support to public safety personnel or emergency services | ||||||
3 | personnel who have been involved in emotionally traumatic | ||||||
4 | incidents by reason of their employment that may affect their | ||||||
5 | ability to execute their respective duties. An emergency | ||||||
6 | services provider or law enforcement agency shall give | ||||||
7 | appropriate training in counseling to provide emotional and | ||||||
8 | moral support to persons designated as a peer support | ||||||
9 | counselor. Emergency services personnel and public safety | ||||||
10 | personnel may refer any person to an employee assistance | ||||||
11 | program or peer support counselor within the emergency services | ||||||
12 | provider or law enforcement agency, or if those services are | ||||||
13 | not available within the agency, to another employee assistance | ||||||
14 | program or peer support counseling program that is available. | ||||||
15 | Section 20. Confidentiality; exemptions. | ||||||
16 | (a) Any communication made by a participant or counselor in | ||||||
17 | a peer support counseling session conducted by a law | ||||||
18 | enforcement agency or by an emergency services provider for | ||||||
19 | public safety personnel or emergency services personnel and any | ||||||
20 | oral or written information conveyed in the peer support | ||||||
21 | counseling session is confidential and may not be disclosed by | ||||||
22 | any person participating in the peer support counseling session | ||||||
23 | and shall not be released
to any person or entity. | ||||||
24 | (b) Any communication relating to a peer support counseling | ||||||
25 | session made confidential under this Section that is made |
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1 | between counselors, between counselors and the supervisors or | ||||||
2 | staff of an employee assistance program, or between the | ||||||
3 | supervisor or staff of an employee assistance program, is | ||||||
4 | confidential and may not be disclosed. | ||||||
5 | (c) This Section does not prohibit any communications | ||||||
6 | between counselors who conduct peer support counseling | ||||||
7 | sessions or any communications between counselors and the | ||||||
8 | supervisors or staff of an employee assistance program. | ||||||
9 | (d) This Section does not apply to: | ||||||
10 | (1) any threat of suicide or homicide made by a | ||||||
11 | participant in a peer counseling session or any information | ||||||
12 | conveyed in a peer support counseling session related to a | ||||||
13 | threat of suicide or homicide; | ||||||
14 | (2) any information relating to the abuse of children | ||||||
15 | or of the elderly or other information that is required to | ||||||
16 | be reported by law; or | ||||||
17 | (3) any admission of criminal conduct. | ||||||
18 | (e) All communications, notes, records, and reports | ||||||
19 | arising out of a peer support counseling session are not | ||||||
20 | subject to disclosure under Section 7.5 of the Freedom of | ||||||
21 | Information Act. | ||||||
22 | (f) A cause of action exists for public safety personnel or | ||||||
23 | emergency services personnel if the emergency services | ||||||
24 | provider or law enforcement agency uses confidential | ||||||
25 | information obtained during a confidential peer support | ||||||
26 | counseling session conducted by a law enforcement agency or by |
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1 | an emergency services provider for an adverse employment action | ||||||
2 | against the participant. | ||||||
3 | Section 25. Judicial proceedings. Any oral communication | ||||||
4 | or written information made or conveyed by a participant or | ||||||
5 | counselor in a peer support session, including an employee | ||||||
6 | assistance program, is not admissible in any judicial | ||||||
7 | proceeding, arbitration proceeding, or other adjudicatory | ||||||
8 | proceeding, except to the extent necessary in an action | ||||||
9 | described in subsection (f) of Section 20. | ||||||
10 | Section 105. The Freedom of Information Act is amended by | ||||||
11 | changing Section 7.5 as follows: | ||||||
12 | (5 ILCS 140/7.5) | ||||||
13 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
14 | by the statutes referenced below, the following shall be exempt | ||||||
15 | from inspection and copying: | ||||||
16 | (a) All information determined to be confidential | ||||||
17 | under Section 4002 of the Technology Advancement and | ||||||
18 | Development Act. | ||||||
19 | (b) Library circulation and order records identifying | ||||||
20 | library users with specific materials under the Library | ||||||
21 | Records Confidentiality Act. | ||||||
22 | (c) Applications, related documents, and medical | ||||||
23 | records received by the Experimental Organ Transplantation |
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1 | Procedures Board and any and all documents or other records | ||||||
2 | prepared by the Experimental Organ Transplantation | ||||||
3 | Procedures Board or its staff relating to applications it | ||||||
4 | has received. | ||||||
5 | (d) Information and records held by the Department of | ||||||
6 | Public Health and its authorized representatives relating | ||||||
7 | to known or suspected cases of sexually transmissible | ||||||
8 | disease or any information the disclosure of which is | ||||||
9 | restricted under the Illinois Sexually Transmissible | ||||||
10 | Disease Control Act. | ||||||
11 | (e) Information the disclosure of which is exempted | ||||||
12 | under Section 30 of the Radon Industry Licensing Act. | ||||||
13 | (f) Firm performance evaluations under Section 55 of | ||||||
14 | the Architectural, Engineering, and Land Surveying | ||||||
15 | Qualifications Based Selection Act. | ||||||
16 | (g) Information the disclosure of which is restricted | ||||||
17 | and exempted under Section 50 of the Illinois Prepaid | ||||||
18 | Tuition Act. | ||||||
19 | (h) Information the disclosure of which is exempted | ||||||
20 | under the State Officials and Employees Ethics Act, and | ||||||
21 | records of any lawfully created State or local inspector | ||||||
22 | general's office that would be exempt if created or | ||||||
23 | obtained by an Executive Inspector General's office under | ||||||
24 | that Act. | ||||||
25 | (i) Information contained in a local emergency energy | ||||||
26 | plan submitted to a municipality in accordance with a local |
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1 | emergency energy plan ordinance that is adopted under | ||||||
2 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
3 | (j) Information and data concerning the distribution | ||||||
4 | of surcharge moneys collected and remitted by carriers | ||||||
5 | under the Emergency Telephone System Act. | ||||||
6 | (k) Law enforcement officer identification information | ||||||
7 | or driver identification information compiled by a law | ||||||
8 | enforcement agency or the Department of Transportation | ||||||
9 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
10 | (l) Records and information provided to a residential | ||||||
11 | health care facility resident sexual assault and death | ||||||
12 | review team or the Executive Council under the Abuse | ||||||
13 | Prevention Review Team Act. | ||||||
14 | (m) Information provided to the predatory lending | ||||||
15 | database created pursuant to Article 3 of the Residential | ||||||
16 | Real Property Disclosure Act, except to the extent | ||||||
17 | authorized under that Article. | ||||||
18 | (n) Defense budgets and petitions for certification of | ||||||
19 | compensation and expenses for court appointed trial | ||||||
20 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
21 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
22 | until the conclusion of the trial of the case, even if the | ||||||
23 | prosecution chooses not to pursue the death penalty prior | ||||||
24 | to trial or sentencing. | ||||||
25 | (o) Information that is prohibited from being | ||||||
26 | disclosed under Section 4 of the Illinois Health and |
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1 | Hazardous Substances Registry Act. | ||||||
2 | (p) Security portions of system safety program plans, | ||||||
3 | investigation reports, surveys, schedules, lists, data, or | ||||||
4 | information compiled, collected, or prepared by or for the | ||||||
5 | Regional Transportation Authority under Section 2.11 of | ||||||
6 | the Regional Transportation Authority Act or the St. Clair | ||||||
7 | County Transit District under the Bi-State Transit Safety | ||||||
8 | Act. | ||||||
9 | (q) Information prohibited from being disclosed by the | ||||||
10 | Personnel Record Records Review Act. | ||||||
11 | (r) Information prohibited from being disclosed by the | ||||||
12 | Illinois School Student Records Act. | ||||||
13 | (s) Information the disclosure of which is restricted | ||||||
14 | under Section 5-108 of the Public Utilities Act.
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15 | (t) All identified or deidentified health information | ||||||
16 | in the form of health data or medical records contained in, | ||||||
17 | stored in, submitted to, transferred by, or released from | ||||||
18 | the Illinois Health Information Exchange, and identified | ||||||
19 | or deidentified health information in the form of health | ||||||
20 | data and medical records of the Illinois Health Information | ||||||
21 | Exchange in the possession of the Illinois Health | ||||||
22 | Information Exchange Authority due to its administration | ||||||
23 | of the Illinois Health Information Exchange. The terms | ||||||
24 | "identified" and "deidentified" shall be given the same | ||||||
25 | meaning as in the Health Insurance Portability and | ||||||
26 | Accountability Act of 1996, Public Law 104-191, or any |
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1 | subsequent amendments thereto, and any regulations | ||||||
2 | promulgated thereunder. | ||||||
3 | (u) Records and information provided to an independent | ||||||
4 | team of experts under the Developmental Disability and | ||||||
5 | Mental Health Safety Act (also known as Brian's Law ) . | ||||||
6 | (v) Names and information of people who have applied | ||||||
7 | for or received Firearm Owner's Identification Cards under | ||||||
8 | the Firearm Owners Identification Card Act or applied for | ||||||
9 | or received a concealed carry license under the Firearm | ||||||
10 | Concealed Carry Act, unless otherwise authorized by the | ||||||
11 | Firearm Concealed Carry Act; and databases under the | ||||||
12 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
13 | Licensing Review Board under the Firearm Concealed Carry | ||||||
14 | Act, and law enforcement agency objections under the | ||||||
15 | Firearm Concealed Carry Act. | ||||||
16 | (w) Personally identifiable information which is | ||||||
17 | exempted from disclosure under subsection (g) of Section | ||||||
18 | 19.1 of the Toll Highway Act. | ||||||
19 | (x) Information which is exempted from disclosure | ||||||
20 | under Section 5-1014.3 of the Counties Code or Section | ||||||
21 | 8-11-21 of the Illinois Municipal Code. | ||||||
22 | (y) Confidential information under the Adult | ||||||
23 | Protective Services Act and its predecessor enabling | ||||||
24 | statute, the Elder Abuse and Neglect Act, including | ||||||
25 | information about the identity and administrative finding | ||||||
26 | against any caregiver of a verified and substantiated |
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1 | decision of abuse, neglect, or financial exploitation of an | ||||||
2 | eligible adult maintained in the Registry established | ||||||
3 | under Section 7.5 of the Adult Protective Services Act. | ||||||
4 | (z) Records and information provided to a fatality | ||||||
5 | review team or the Illinois Fatality Review Team Advisory | ||||||
6 | Council under Section 15 of the Adult Protective Services | ||||||
7 | Act. | ||||||
8 | (aa) Information which is exempted from disclosure | ||||||
9 | under Section 2.37 of the Wildlife Code. | ||||||
10 | (bb) Information which is or was prohibited from | ||||||
11 | disclosure by the Juvenile Court Act of 1987. | ||||||
12 | (cc) Recordings made under the Law Enforcement | ||||||
13 | Officer-Worn Body Camera Act, except to the extent | ||||||
14 | authorized under that Act. | ||||||
15 | (dd) Information that is prohibited from being | ||||||
16 | disclosed under Section 45 of the Condominium and Common | ||||||
17 | Interest Community Ombudsperson Act. | ||||||
18 | (ee) Information that is exempted from disclosure | ||||||
19 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
20 | (ff) Information that is exempted from disclosure | ||||||
21 | under the Revised Uniform Unclaimed Property Act. | ||||||
22 | (gg) Information that is prohibited from being | ||||||
23 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
24 | Code. | ||||||
25 | (hh) Records that are exempt from disclosure under | ||||||
26 | Section 1A-16.7 of the Election Code. |
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1 | (ii) Information which is exempted from disclosure | ||||||
2 | under Section 2505-800 of the Department of Revenue Law of | ||||||
3 | the Civil Administrative Code of Illinois. | ||||||
4 | (jj) Information and reports that are required to be | ||||||
5 | submitted to the Department of Labor by registering day and | ||||||
6 | temporary labor service agencies but are exempt from | ||||||
7 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
8 | and Temporary Labor Services Act. | ||||||
9 | (kk) Information prohibited from disclosure under the | ||||||
10 | Seizure and Forfeiture Reporting Act. | ||||||
11 | (ll) Information the disclosure of which is restricted | ||||||
12 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
13 | Aid Code. | ||||||
14 | (mm) (ll) Records that are exempt from disclosure under | ||||||
15 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
16 | (nn) (ll) Information that is exempt from disclosure | ||||||
17 | under Section 70 of the Higher Education Student Assistance | ||||||
18 | Act. | ||||||
19 | (oo) Communications, notes, records, and reports | ||||||
20 | arising out of a peer support counseling session prohibited | ||||||
21 | from disclosure under the First Responders Suicide | ||||||
22 | Prevention Act. | ||||||
23 | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | ||||||
24 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||||||
25 | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
26 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
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1 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
2 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
3 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||||||
4 | 10-12-18.) | ||||||
5 | Section 107. The Department of Natural Resources Act is | ||||||
6 | amended by adding Section 1-31 as follows: | ||||||
7 | (20 ILCS 801/1-31 new) | ||||||
8 | Sec. 1-31. Possession of a Firearm Owner's Identification | ||||||
9 | Card. The Department shall not make possession of a Firearm | ||||||
10 | Owner's Identification Card a condition of continued | ||||||
11 | employment if the Conservation Police officer's Firearm | ||||||
12 | Owner's Identification Card is revoked or seized because the | ||||||
13 | Conservation Police officer has been a patient of a mental | ||||||
14 | health facility and the Conservation Police officer has not | ||||||
15 | been determined to pose a clear and present danger to himself, | ||||||
16 | herself, or others as determined by a physician, clinical | ||||||
17 | psychologist, or qualified examiner. Nothing is this Section | ||||||
18 | shall otherwise impair an employer's ability to determine a | ||||||
19 | Conservation Police officer's fitness for duty. A collective | ||||||
20 | bargaining agreement already in effect on this issue on the | ||||||
21 | effective date of this amendatory Act of the 101st General | ||||||
22 | Assembly cannot be modified, but on or after the effective date | ||||||
23 | of this amendatory Act of the 101st General Assembly, the | ||||||
24 | employer cannot require a Firearm Owner's Identification Card |
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1 | as a condition of continued employment in a collective | ||||||
2 | bargaining agreement. The employer shall document if and why a | ||||||
3 | Conservation Police officer has been determined to pose a clear | ||||||
4 | and present danger. | ||||||
5 | Section 110. The Department of State Police Law of the
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6 | Civil Administrative Code of Illinois is amended by adding | ||||||
7 | Sections 2605-99 and 2605-610 as follows: | ||||||
8 | (20 ILCS 2605/2605-99 new) | ||||||
9 | Sec. 2605-99. Training; suicide prevention. The Department | ||||||
10 | shall conduct or approve a 2-day in-service training program | ||||||
11 | for law enforcement officers that includes job-related stress | ||||||
12 | management and suicide prevention that is consistent with | ||||||
13 | Section 25 of the Illinois Mental Health First Aid Training Act | ||||||
14 | in a peer setting. The in-service training program shall | ||||||
15 | include training for law enforcement officers to recognize | ||||||
16 | signs of work-related cumulative stress of peers and other | ||||||
17 | related issues that may lead to stress, trauma, or suicide. | ||||||
18 | This in-service training program shall be completed every 2 | ||||||
19 | years by each local law enforcement officer. The Board shall | ||||||
20 | establish the training program on or before January 1, 2021. | ||||||
21 | (20 ILCS 2605/2605-610 new) | ||||||
22 | Sec. 2605-610. Possession of a Firearm Owner's | ||||||
23 | Identification Card. The Department shall not make possession |
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1 | of a Firearm Owner's Identification Card a condition of | ||||||
2 | continued employment if the State Police officer's Firearm | ||||||
3 | Owner's Identification Card is revoked or seized because the | ||||||
4 | State Police officer has been a patient of a mental health | ||||||
5 | facility and the State Police officer has not been determined | ||||||
6 | to pose a clear and present danger to himself, herself, or | ||||||
7 | others as determined by a physician, clinical psychologist, or | ||||||
8 | qualified examiner. Nothing is this Section shall otherwise | ||||||
9 | impair an employer's ability to determine a State Police | ||||||
10 | officer's fitness for duty. A collective bargaining agreement | ||||||
11 | already in effect on this issue on the effective date of this | ||||||
12 | amendatory Act of the 101st General Assembly cannot be | ||||||
13 | modified, but on or after the effective date of this amendatory | ||||||
14 | Act of the 101st General Assembly, the employer cannot require | ||||||
15 | a Firearm Owner's Identification Card as a condition of | ||||||
16 | continued employment in a collective bargaining agreement. The | ||||||
17 | employer shall document if and why a State Police officer has | ||||||
18 | been determined to pose a clear and present danger. | ||||||
19 | Section 115. The Illinois Police Training Act is amended by | ||||||
20 | changing Section 7 and adding Section 10.17-2 as follows:
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21 | (50 ILCS 705/7) (from Ch. 85, par. 507)
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22 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
23 | adopt rules and
minimum standards for such schools which shall | ||||||
24 | include, but not be limited to,
the following:
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1 | a. The curriculum for probationary police officers | ||||||
2 | which shall be
offered by all certified schools shall | ||||||
3 | include, but not be limited to,
courses of procedural | ||||||
4 | justice, arrest and use and control tactics, search and | ||||||
5 | seizure, including temporary questioning, civil rights, | ||||||
6 | human rights, human relations,
cultural competency, | ||||||
7 | including implicit bias and racial and ethnic sensitivity,
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8 | criminal law, law of criminal procedure, constitutional | ||||||
9 | and proper use of law enforcement authority, vehicle and | ||||||
10 | traffic law including
uniform and non-discriminatory | ||||||
11 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
12 | and accident investigation, techniques of obtaining
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13 | physical evidence, court testimonies, statements, reports, | ||||||
14 | firearms
training, training in the use of electronic | ||||||
15 | control devices, including the psychological and | ||||||
16 | physiological effects of the use of those devices on | ||||||
17 | humans, first-aid (including cardiopulmonary | ||||||
18 | resuscitation), training in the administration of opioid | ||||||
19 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
20 | of Section 5-23 of the Substance Use Disorder Act, handling | ||||||
21 | of
juvenile offenders, recognition of
mental conditions | ||||||
22 | and crises, including, but not limited to, the disease of | ||||||
23 | addiction, which require immediate assistance and response | ||||||
24 | and methods to
safeguard and provide assistance to a person | ||||||
25 | in need of mental
treatment, recognition of abuse, neglect, | ||||||
26 | financial exploitation, and self-neglect of adults with |
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1 | disabilities and older adults, as defined in Section 2 of | ||||||
2 | the Adult Protective Services Act, crimes against the | ||||||
3 | elderly, law of evidence, the hazards of high-speed police | ||||||
4 | vehicle
chases with an emphasis on alternatives to the | ||||||
5 | high-speed chase, and
physical training. The curriculum | ||||||
6 | shall include specific training in
techniques for | ||||||
7 | immediate response to and investigation of cases of | ||||||
8 | domestic
violence and of sexual assault of adults and | ||||||
9 | children, including cultural perceptions and common myths | ||||||
10 | of sexual assault and sexual abuse as well as interview | ||||||
11 | techniques that are age sensitive and are trauma informed, | ||||||
12 | victim centered, and victim sensitive. The curriculum | ||||||
13 | shall include
training in techniques designed to promote | ||||||
14 | effective
communication at the initial contact with crime | ||||||
15 | victims and ways to comprehensively
explain to victims and | ||||||
16 | witnesses their rights under the Rights
of Crime Victims | ||||||
17 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
18 | The curriculum shall also include training in effective | ||||||
19 | recognition of and responses to stress, trauma, and | ||||||
20 | post-traumatic stress experienced by police officers that | ||||||
21 | is consistent with Section 25 of the Illinois Mental Health | ||||||
22 | First Aid Training Act in a peer setting . The curriculum | ||||||
23 | shall also include a block of instruction aimed at | ||||||
24 | identifying and interacting with persons with autism and | ||||||
25 | other developmental or physical disabilities, reducing | ||||||
26 | barriers to reporting crimes against persons with autism, |
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1 | and addressing the unique challenges presented by cases | ||||||
2 | involving victims or witnesses with autism and other | ||||||
3 | developmental disabilities. The curriculum for
permanent | ||||||
4 | police officers shall include, but not be limited to: (1) | ||||||
5 | refresher
and in-service training in any of the courses | ||||||
6 | listed above in this
subparagraph, (2) advanced courses in | ||||||
7 | any of the subjects listed above in
this subparagraph, (3) | ||||||
8 | training for supervisory personnel, and (4)
specialized | ||||||
9 | training in subjects and fields to be selected by the | ||||||
10 | board. The training in the use of electronic control | ||||||
11 | devices shall be conducted for probationary police | ||||||
12 | officers, including University police officers.
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13 | b. Minimum courses of study, attendance requirements | ||||||
14 | and equipment
requirements.
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15 | c. Minimum requirements for instructors.
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16 | d. Minimum basic training requirements, which a | ||||||
17 | probationary police
officer must satisfactorily complete | ||||||
18 | before being eligible for permanent
employment as a local | ||||||
19 | law enforcement officer for a participating local
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20 | governmental agency. Those requirements shall include | ||||||
21 | training in first aid
(including cardiopulmonary | ||||||
22 | resuscitation).
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23 | e. Minimum basic training requirements, which a | ||||||
24 | probationary county
corrections officer must | ||||||
25 | satisfactorily complete before being eligible for
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26 | permanent employment as a county corrections officer for a |
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1 | participating
local governmental agency.
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2 | f. Minimum basic training requirements which a | ||||||
3 | probationary court
security officer must satisfactorily | ||||||
4 | complete before being eligible for
permanent employment as | ||||||
5 | a court security officer for a participating local
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6 | governmental agency. The Board shall
establish those | ||||||
7 | training requirements which it considers appropriate for | ||||||
8 | court
security officers and shall certify schools to | ||||||
9 | conduct that training.
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10 | A person hired to serve as a court security officer | ||||||
11 | must obtain from the
Board a certificate (i) attesting to | ||||||
12 | his or her successful completion of the
training course; | ||||||
13 | (ii) attesting to his or her satisfactory
completion of a | ||||||
14 | training program of similar content and number of hours | ||||||
15 | that
has been found acceptable by the Board under the | ||||||
16 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
17 | determination that the training
course is unnecessary | ||||||
18 | because of the person's extensive prior law enforcement
| ||||||
19 | experience.
| ||||||
20 | Individuals who currently serve as court security | ||||||
21 | officers shall be deemed
qualified to continue to serve in | ||||||
22 | that capacity so long as they are certified
as provided by | ||||||
23 | this Act within 24 months of June 1, 1997 (the effective | ||||||
24 | date of Public Act 89-685). Failure to be so certified, | ||||||
25 | absent a waiver from the
Board, shall cause the officer to | ||||||
26 | forfeit his or her position.
|
| |||||||
| |||||||
1 | All individuals hired as court security officers on or | ||||||
2 | after June 1, 1997 (the effective
date of Public Act | ||||||
3 | 89-685) shall be certified within 12 months of the
date of | ||||||
4 | their hire, unless a waiver has been obtained by the Board, | ||||||
5 | or they
shall forfeit their positions.
| ||||||
6 | The Sheriff's Merit Commission, if one exists, or the | ||||||
7 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
8 | shall maintain a list of all
individuals who have filed | ||||||
9 | applications to become court security officers and
who meet | ||||||
10 | the eligibility requirements established under this Act. | ||||||
11 | Either
the Sheriff's Merit Commission, or the Sheriff's | ||||||
12 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
13 | establish a schedule of reasonable intervals for
| ||||||
14 | verification of the applicants' qualifications under
this | ||||||
15 | Act and as established by the Board.
| ||||||
16 | g. Minimum in-service training requirements, which a | ||||||
17 | police officer must satisfactorily complete every 3 years. | ||||||
18 | Those requirements shall include constitutional and proper | ||||||
19 | use of law enforcement authority, procedural justice, | ||||||
20 | civil rights, human rights, mental health awareness and | ||||||
21 | response, and cultural competency. | ||||||
22 | h. Minimum in-service training requirements, which a | ||||||
23 | police officer must satisfactorily complete at least | ||||||
24 | annually. Those requirements shall include law updates and | ||||||
25 | use of force training which shall include scenario based | ||||||
26 | training, or similar training approved by the Board. |
| |||||||
| |||||||
1 | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||||||
2 | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | ||||||
3 | 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. | ||||||
4 | 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
| ||||||
5 | (50 ILCS 705/10.17-2 new) | ||||||
6 | Sec. 10.17-2. Training; suicide prevention. The Board | ||||||
7 | shall conduct or approve a 2-day in-service training program | ||||||
8 | for law enforcement officers that includes job-related stress | ||||||
9 | management and suicide prevention that is consistent with | ||||||
10 | Section 25 of the Illinois Mental Health First Aid Training Act | ||||||
11 | in a peer setting. The in-service training program shall | ||||||
12 | include training for law enforcement officers to recognize | ||||||
13 | signs of work-related cumulative stress of peers and other | ||||||
14 | related issues that may lead to stress, trauma, or suicide. | ||||||
15 | This in-service training program shall be completed every 2 | ||||||
16 | years by each local law enforcement officer. The Board shall | ||||||
17 | establish the training program on or before January 1, 2021. | ||||||
18 | Section 117. The Uniform Peace Officers' Disciplinary Act | ||||||
19 | is amended by changing Section 7.2 as follows: | ||||||
20 | (50 ILCS 725/7.2) | ||||||
21 | Sec. 7.2. Possession of a Firearm Owner's Identification | ||||||
22 | Card. An employer of an officer shall not make possession of a | ||||||
23 | Firearm Owner's Identification Card a condition of continued |
| |||||||
| |||||||
1 | employment if the officer's Firearm Owner's Identification | ||||||
2 | Card is revoked or seized because the officer has been a | ||||||
3 | patient of a mental health facility and the officer has not | ||||||
4 | been determined to pose a clear and present danger to himself, | ||||||
5 | herself, or others as determined by a physician, clinical | ||||||
6 | psychologist, or qualified examiner. Nothing is this Section | ||||||
7 | shall otherwise impair an employer's ability to determine an | ||||||
8 | officer's fitness for duty. On and after the effective date of | ||||||
9 | this amendatory Act of the 100th General Assembly, Section 6 of | ||||||
10 | this Act shall not apply to the prohibition requiring a Firearm | ||||||
11 | Owner's Identification Card as a condition of continued | ||||||
12 | employment, but a collective bargaining agreement already in | ||||||
13 | effect on that issue on the effective date of this amendatory | ||||||
14 | Act of the 100th General Assembly cannot be modified. The | ||||||
15 | employer shall document if and why an officer has been | ||||||
16 | determined to pose a clear and present danger.
| ||||||
17 | (Source: P.A. 100-911, eff. 8-17-18.) | ||||||
18 | Section 120. The Illinois Fire Protection Training Act is | ||||||
19 | amended by changing Section 8 and adding Section 12.2 as | ||||||
20 | follows:
| ||||||
21 | (50 ILCS 740/8) (from Ch. 85, par. 538)
| ||||||
22 | Sec. 8. Rules and minimum standards for schools. The Office
| ||||||
23 | shall adopt rules and minimum standards for such
schools which | ||||||
24 | shall include but not be limited to the following:
|
| |||||||
| |||||||
1 | a. Minimum courses of study, resources, facilities, | ||||||
2 | apparatus,
equipment, reference material, established | ||||||
3 | records and procedures as
determined by the Office.
| ||||||
4 | b. Minimum requirements for instructors.
| ||||||
5 | c. Minimum basic training requirements, which a | ||||||
6 | trainee must
satisfactorily complete before being eligible | ||||||
7 | for permanent employment
as a firefighter fire fighter in | ||||||
8 | the fire department of a participating local
governmental | ||||||
9 | agency.
Those requirements shall include training in first | ||||||
10 | aid (including
cardiopulmonary resuscitation) and training | ||||||
11 | in the administration of opioid antagonists as defined in | ||||||
12 | paragraph (1) of subsection (e) of Section 5-23 of the | ||||||
13 | Substance Use Disorder Act.
| ||||||
14 | d. Training in effective recognition of and responses | ||||||
15 | to stress, trauma, and post-traumatic stress experienced | ||||||
16 | by firefighters that is consistent with Section 25 of the | ||||||
17 | Illinois Mental Health First Aid Training Act in a peer | ||||||
18 | setting. | ||||||
19 | (Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19 .)
| ||||||
20 | (50 ILCS 740/12.2 new) | ||||||
21 | Sec. 12.2. Training; suicide prevention. The Office shall | ||||||
22 | conduct or approve a 2-day in-service training program for | ||||||
23 | permanent fire protection personnel that includes job-related | ||||||
24 | stress management and suicide prevention that is consistent | ||||||
25 | with Section 25 of the Illinois Mental Health First Aid |
| |||||||
| |||||||
1 | Training Act in a peer setting. The in-service training program | ||||||
2 | shall include training for permanent fire protection personnel | ||||||
3 | to recognize signs of work-related cumulative stress of peers | ||||||
4 | and other related issues that may lead to stress, trauma, or | ||||||
5 | suicide. This in-service training program shall be completed | ||||||
6 | every 2 years by each firefighter. The Board shall establish | ||||||
7 | the training program on or before January 1, 2021. | ||||||
8 | Section 130. The Counties Code is amended by adding | ||||||
9 | Sections 3-6012.2 and 3-6050 as follows: | ||||||
10 | (55 ILCS 5/3-6012.2 new) | ||||||
11 | Sec. 3-6012.2. Mental health specialists; sheriff's | ||||||
12 | offices. For every 1,000 persons a sheriff's office employees, | ||||||
13 | that sheriff's office shall employ at least one mental health | ||||||
14 | specialist. | ||||||
15 | (55 ILCS 5/3-6050 new) | ||||||
16 | Sec. 3-6050. Possession of a Firearm Owner's | ||||||
17 | Identification Card. An employer of a law enforcement officer | ||||||
18 | shall not make possession of a Firearm Owner's Identification | ||||||
19 | Card a condition of continued employment if the law enforcement | ||||||
20 | officer's Firearm Owner's Identification Card is revoked or | ||||||
21 | seized because the law enforcement officer has been a patient | ||||||
22 | of a mental health facility and the law enforcement officer has | ||||||
23 | not been determined to pose a clear and present danger to |
| |||||||
| |||||||
1 | himself, herself, or others as determined by a physician, | ||||||
2 | clinical psychologist, or qualified examiner. Nothing is this | ||||||
3 | Section shall otherwise impair an employer's ability to | ||||||
4 | determine a law enforcement officer's fitness for duty. A | ||||||
5 | collective bargaining agreement already in effect on this issue | ||||||
6 | on the effective date of this amendatory Act of the 101st | ||||||
7 | General Assembly cannot be modified, but on or after the | ||||||
8 | effective date of this amendatory Act of the 101st General | ||||||
9 | Assembly, the employer cannot require a Firearm Owner's | ||||||
10 | Identification Card as a condition of continued employment in a | ||||||
11 | collective bargaining agreement. The employer shall document | ||||||
12 | if and why a law enforcement officer has been determined to | ||||||
13 | pose a clear and present danger. | ||||||
14 | Section 135. The Illinois Municipal Code is amended by | ||||||
15 | adding Sections 11-1-14 and 11-6-11 as follows: | ||||||
16 | (65 ILCS 5/11-1-14 new) | ||||||
17 | Sec. 11-1-14. Mental health specialists; police. The | ||||||
18 | corporate authorities of each municipality which has | ||||||
19 | established a police department shall require the employment of | ||||||
20 | at least one mental health specialist for every 1,000 persons | ||||||
21 | employed. | ||||||
22 | (65 ILCS 5/11-6-11 new) | ||||||
23 | Sec. 11-6-11. Mental health specialists; fire. The |
| |||||||
| |||||||
1 | corporate authorities of each municipality which has | ||||||
2 | established firefighting services shall require the employment | ||||||
3 | of at least one mental health specialist for every 1,000 | ||||||
4 | persons employed. | ||||||
5 | Section 140. The Probation and Probation Officers Act is | ||||||
6 | amended by adding Section 19 as follows: | ||||||
7 | (730 ILCS 110/19 new) | ||||||
8 | Sec. 19. Possession of a Firearm Owner's Identification | ||||||
9 | Card. An employer of a probation officer shall not make | ||||||
10 | possession of a Firearm Owner's Identification Card a condition | ||||||
11 | of continued employment if the probation officer's Firearm | ||||||
12 | Owner's Identification Card is revoked or seized because the | ||||||
13 | probation officer has been a patient of a mental health | ||||||
14 | facility and the officer has not been determined to pose a | ||||||
15 | clear and present danger to himself, herself, or others as | ||||||
16 | determined by a physician, clinical psychologist, or qualified | ||||||
17 | examiner. Nothing is this Section shall otherwise impair an | ||||||
18 | employer's ability to determine a probation officer's fitness | ||||||
19 | for duty. A collective bargaining agreement already in effect | ||||||
20 | on this issue on the effective date of this amendatory Act of | ||||||
21 | the 101st General Assembly cannot be modified, but on or after | ||||||
22 | the effective date of this amendatory Act of the 101st General | ||||||
23 | Assembly, the employer cannot require a Firearm Owner's | ||||||
24 | Identification Card as a condition of continued employment in a |
| |||||||
| |||||||
1 | collective bargaining agreement. The employer shall document | ||||||
2 | if and why a probation officer has been determined to pose a | ||||||
3 | clear and present danger.
| ||||||
4 | Section 999. Effective date. This Act takes effect January | ||||||
5 | 1, 2020.".
|