Sen. Terry Link
Filed: 5/17/2019
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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 | ||||||
11 | firefighting services. | ||||||
12 | "Law enforcement agency" means any county sheriff, | ||||||
13 | municipal police department, police department established by | ||||||
14 | a university, the Department of State Police, the Department of | ||||||
15 | Corrections, the Department of Children and Family Services, | ||||||
16 | the Division of Probation Services of the Supreme Court, the |
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1 | Office of the Statewide 9-1-1 Administrator, and other local or | ||||||
2 | county agency comprised of county probation officers, | ||||||
3 | corrections employees, or 9-1-1 telecommunicators or emergency | ||||||
4 | medical dispatchers. | ||||||
5 | "Peer support advisor" means an employee, approved by the | ||||||
6 | law enforcement agency or the emergency provider, who | ||||||
7 | voluntarily provides confidential support and assistance to | ||||||
8 | fellow employees experiencing personal or professional | ||||||
9 | problems. An emergency services provider or law enforcement | ||||||
10 | agency shall provide peer support advisors with an appropriate | ||||||
11 | level of training in counseling to provide emotional and moral | ||||||
12 | support. | ||||||
13 | "Peer support counseling program" means a program | ||||||
14 | established by an emergency services provider, a law | ||||||
15 | enforcement agency, or collective bargaining organization to | ||||||
16 | train employees to serve as peer support advisors to conduct | ||||||
17 | peer support counseling sessions. | ||||||
18 | "Peer support counseling session" means communication with | ||||||
19 | a peer support advisor designated by an emergency services | ||||||
20 | provider or law enforcement agency. A peer support counseling | ||||||
21 | session is accomplished primarily through listening, | ||||||
22 | assessing, assisting with problem-solving, making referrals to | ||||||
23 | a professional when necessary and conducting follow-up as | ||||||
24 | needed. | ||||||
25 | "Public safety personnel" means any employee of a law | ||||||
26 | enforcement agency. |
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1 | Section 10. Establishment of peer support program; | ||||||
2 | applicability. Any emergency services provider, law | ||||||
3 | enforcement agency, or collective bargaining organization that | ||||||
4 | creates a peer support program is subject to this Act. An | ||||||
5 | emergency services provider, law enforcement agency, or | ||||||
6 | collective bargaining organization shall ensure that peer | ||||||
7 | support advisors receive
appropriate training in counseling to | ||||||
8 | conduct peer support counseling sessions. Emergency services | ||||||
9 | personnel and public safety
personnel may refer any person to a
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10 | peer support advisor within the emergency services
provider or | ||||||
11 | law enforcement agency, or if those services are
not available | ||||||
12 | within the agency, to another
peer support counseling program | ||||||
13 | that is available and approved by the emergency services | ||||||
14 | provider or law enforcement agency. Notwithstanding any other | ||||||
15 | provision of this Act, public safety personnel may not mandate | ||||||
16 | that any employee participate in a peer support counseling | ||||||
17 | program. | ||||||
18 | Section 20. Confidentiality; exemptions. | ||||||
19 | (a) Any communication made by an employee of an emergency | ||||||
20 | services provider or law enforcement agency or peer support | ||||||
21 | advisor in a peer support counseling session and any
oral or | ||||||
22 | written information conveyed in the peer support counseling | ||||||
23 | session is confidential and may not be disclosed by any person | ||||||
24 | participating in the peer support counseling session
and shall |
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1 | not be released to any person or entity.
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2 | (b) Any communication relating to a peer support counseling
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3 | session made confidential under this Section that is made | ||||||
4 | between peer support advisors and the supervisors or staff of a | ||||||
5 | peer support counseling program, or between the supervisor or | ||||||
6 | staff of a peer support counseling program, is confidential and | ||||||
7 | may not be disclosed. | ||||||
8 | (c) This Section does not prohibit any communications | ||||||
9 | between counselors who conduct peer support counseling | ||||||
10 | sessions or any communications between counselors and the | ||||||
11 | supervisors or staff of a peer support counseling program. | ||||||
12 | (c-5) Any communication described in subsection (a) or (b)
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13 | is subject to subpoena for good cause shown. | ||||||
14 | (d) This Section does not apply to: | ||||||
15 | (1) any threat of suicide or homicide made by a | ||||||
16 | participant in a peer support counseling session or any | ||||||
17 | information conveyed in a peer support counseling session | ||||||
18 | related to a threat of suicide or homicide; | ||||||
19 | (2) any information mandated by law or agency policy to | ||||||
20 | be reported, including, but not limited to, domestic | ||||||
21 | violence, child abuse or neglect, or elder abuse or | ||||||
22 | neglect; | ||||||
23 | (3) any admission of criminal conduct; or | ||||||
24 | (4) an admission or act of refusal to perform duties to | ||||||
25 | protect others or the employee of the emergency services | ||||||
26 | provider or law enforcement agency. |
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1 | (e) All communications, notes, records, and reports | ||||||
2 | arising out of a peer support counseling session are not | ||||||
3 | subject to disclosure under Section 7.5 of the Freedom of | ||||||
4 | Information Act. | ||||||
5 | (e-5) A department that establishes a peer support | ||||||
6 | counseling program shall develop a policy or rule that imposes | ||||||
7 | disciplinary measures against a peer support advisor who | ||||||
8 | violates the confidentiality of the peer support counseling | ||||||
9 | program by sharing information learned in a peer support | ||||||
10 | counseling session with department personnel who are not | ||||||
11 | supervisors or staff of the peer support counseling program, | ||||||
12 | unless the information is related to the exemptions in | ||||||
13 | subsection (d). | ||||||
14 | (f) A cause of action exists for public safety personnel or | ||||||
15 | emergency services personnel if the emergency services | ||||||
16 | provider or law enforcement agency uses confidential | ||||||
17 | information obtained during a confidential peer support | ||||||
18 | counseling session conducted by a law enforcement agency or by | ||||||
19 | an emergency services provider for an adverse employment action | ||||||
20 | against the participant. | ||||||
21 | Section 25. Judicial proceedings. Any oral communication
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22 | or written information made or conveyed by a participant or | ||||||
23 | peer support advisor
in a peer support counseling session is | ||||||
24 | not admissible in any judicial
proceeding, arbitration | ||||||
25 | proceeding, or other adjudicatory
proceeding, except to the |
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1 | extent necessary
to enforce subsection (f) of Section 20. | ||||||
2 | Section 30. First Responders Suicide Task Force. | ||||||
3 | (a) The First Responders Suicide Task Force is created to | ||||||
4 | pursue recommendations to help reduce the risk and rates of | ||||||
5 | suicide among first responders, along with developing a | ||||||
6 | mechanism to help reduce the risk and rates of suicide among | ||||||
7 | first responders. The Task Force shall be composed of the | ||||||
8 | following members: | ||||||
9 | (1) the Director of State Police or his or her | ||||||
10 | designee; | ||||||
11 | (2)the Director of Public Health or his or her | ||||||
12 | designee; | ||||||
13 | (3) 2 members of the House of Representatives appointed | ||||||
14 | by the Speaker of the House of Representatives, one of whom | ||||||
15 | shall serve as co-chair; | ||||||
16 | (4) 2 members of the House of Representatives appointed | ||||||
17 | by the Minority Leader of the House of Representatives; | ||||||
18 | (5) 2 members of the Senate appointed by the President | ||||||
19 | of the Senate, one of whom shall serve as co-chair; | ||||||
20 | (6) 2 members of the Senate appointed by the Minority | ||||||
21 | Leader of the Senate; | ||||||
22 | (7) 2 members who represent 2 different mental health | ||||||
23 | organizations, one appointed by the Minority Leader of the | ||||||
24 | House of Representatives and one appointed by the Minority | ||||||
25 | Leader of the Senate; |
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1 | (8) one member who represents an organization that | ||||||
2 | advocates on behalf of police appointed by the Speaker of | ||||||
3 | the House of Representatives; | ||||||
4 | (9) one member who represents the Chicago Police | ||||||
5 | Department appointed by the Minority Leader of the House of | ||||||
6 | Representatives; | ||||||
7 | (10) 2 members who represent organizations that | ||||||
8 | advocate on behalf of firefighters appointed by the | ||||||
9 | President of the Senate; | ||||||
10 | (11) one member who represents the Chicago Fire | ||||||
11 | Department appointed by the Minority Leader of the Senate; | ||||||
12 | and | ||||||
13 | (12) one member who represents an organization that | ||||||
14 | advocates on behalf of sheriffs in the State of Illinois | ||||||
15 | appointed by the President of the Senate.
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16 | (b) Members of the Task Force shall be appointed within 30 | ||||||
17 | days after the effective date of this Act and shall serve | ||||||
18 | without compensation. The Task Force shall begin meeting no | ||||||
19 | later than 30 days after all members have been appointed.
The | ||||||
20 | Department of State Police shall provide administrative | ||||||
21 | support for the Task Force, and if the subject matter is either | ||||||
22 | sensitive or classified, the Task Force may hold its hearings | ||||||
23 | in private. | ||||||
24 | (c)
The Task Force shall issue a final report to the | ||||||
25 | General Assembly on or December 31, 2020 and, one year after | ||||||
26 | the filing of its report, is dissolved.
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1 | Section 35. Other provisions of law. Nothing in this Act | ||||||
2 | limits or reduces any confidentiality protections or legal | ||||||
3 | privileges that are otherwise provided by law or rule, | ||||||
4 | including, but not limited to, local ordinance, State or | ||||||
5 | federal law, or court rule.
Any confidentiality provision | ||||||
6 | enacted by local ordinance on or after the effective date of | ||||||
7 | this Act may not diminish the protections enumerated in this | ||||||
8 | Act. | ||||||
9 | Section 105. The Freedom of Information Act is amended by | ||||||
10 | changing Section 7.5 as follows: | ||||||
11 | (5 ILCS 140/7.5) | ||||||
12 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
13 | by the statutes referenced below, the following shall be exempt | ||||||
14 | from inspection and copying: | ||||||
15 | (a) All information determined to be confidential | ||||||
16 | under Section 4002 of the Technology Advancement and | ||||||
17 | Development Act. | ||||||
18 | (b) Library circulation and order records identifying | ||||||
19 | library users with specific materials under the Library | ||||||
20 | Records Confidentiality Act. | ||||||
21 | (c) Applications, related documents, and medical | ||||||
22 | records received by the Experimental Organ Transplantation | ||||||
23 | Procedures Board and any and all documents or other records |
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1 | prepared by the Experimental Organ Transplantation | ||||||
2 | Procedures Board or its staff relating to applications it | ||||||
3 | has received. | ||||||
4 | (d) Information and records held by the Department of | ||||||
5 | Public Health and its authorized representatives relating | ||||||
6 | to known or suspected cases of sexually transmissible | ||||||
7 | disease or any information the disclosure of which is | ||||||
8 | restricted under the Illinois Sexually Transmissible | ||||||
9 | Disease Control Act. | ||||||
10 | (e) Information the disclosure of which is exempted | ||||||
11 | under Section 30 of the Radon Industry Licensing Act. | ||||||
12 | (f) Firm performance evaluations under Section 55 of | ||||||
13 | the Architectural, Engineering, and Land Surveying | ||||||
14 | Qualifications Based Selection Act. | ||||||
15 | (g) Information the disclosure of which is restricted | ||||||
16 | and exempted under Section 50 of the Illinois Prepaid | ||||||
17 | Tuition Act. | ||||||
18 | (h) Information the disclosure of which is exempted | ||||||
19 | under the State Officials and Employees Ethics Act, and | ||||||
20 | records of any lawfully created State or local inspector | ||||||
21 | general's office that would be exempt if created or | ||||||
22 | obtained by an Executive Inspector General's office under | ||||||
23 | that Act. | ||||||
24 | (i) Information contained in a local emergency energy | ||||||
25 | plan submitted to a municipality in accordance with a local | ||||||
26 | emergency energy plan ordinance that is adopted under |
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1 | Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
2 | (j) Information and data concerning the distribution | ||||||
3 | of surcharge moneys collected and remitted by carriers | ||||||
4 | under the Emergency Telephone System Act. | ||||||
5 | (k) Law enforcement officer identification information | ||||||
6 | or driver identification information compiled by a law | ||||||
7 | enforcement agency or the Department of Transportation | ||||||
8 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
9 | (l) Records and information provided to a residential | ||||||
10 | health care facility resident sexual assault and death | ||||||
11 | review team or the Executive Council under the Abuse | ||||||
12 | Prevention Review Team Act. | ||||||
13 | (m) Information provided to the predatory lending | ||||||
14 | database created pursuant to Article 3 of the Residential | ||||||
15 | Real Property Disclosure Act, except to the extent | ||||||
16 | authorized under that Article. | ||||||
17 | (n) Defense budgets and petitions for certification of | ||||||
18 | compensation and expenses for court appointed trial | ||||||
19 | counsel as provided under Sections 10 and 15 of the Capital | ||||||
20 | Crimes Litigation Act. This subsection (n) shall apply | ||||||
21 | until the conclusion of the trial of the case, even if the | ||||||
22 | prosecution chooses not to pursue the death penalty prior | ||||||
23 | to trial or sentencing. | ||||||
24 | (o) Information that is prohibited from being | ||||||
25 | disclosed under Section 4 of the Illinois Health and | ||||||
26 | Hazardous Substances Registry Act. |
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1 | (p) Security portions of system safety program plans, | ||||||
2 | investigation reports, surveys, schedules, lists, data, or | ||||||
3 | information compiled, collected, or prepared by or for the | ||||||
4 | Regional Transportation Authority under Section 2.11 of | ||||||
5 | the Regional Transportation Authority Act or the St. Clair | ||||||
6 | County Transit District under the Bi-State Transit Safety | ||||||
7 | Act. | ||||||
8 | (q) Information prohibited from being disclosed by the | ||||||
9 | Personnel Record Records Review Act. | ||||||
10 | (r) Information prohibited from being disclosed by the | ||||||
11 | Illinois School Student Records Act. | ||||||
12 | (s) Information the disclosure of which is restricted | ||||||
13 | under Section 5-108 of the Public Utilities Act.
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14 | (t) All identified or deidentified health information | ||||||
15 | in the form of health data or medical records contained in, | ||||||
16 | stored in, submitted to, transferred by, or released from | ||||||
17 | the Illinois Health Information Exchange, and identified | ||||||
18 | or deidentified health information in the form of health | ||||||
19 | data and medical records of the Illinois Health Information | ||||||
20 | Exchange in the possession of the Illinois Health | ||||||
21 | Information Exchange Authority due to its administration | ||||||
22 | of the Illinois Health Information Exchange. The terms | ||||||
23 | "identified" and "deidentified" shall be given the same | ||||||
24 | meaning as in the Health Insurance Portability and | ||||||
25 | Accountability Act of 1996, Public Law 104-191, or any | ||||||
26 | subsequent amendments thereto, and any regulations |
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1 | promulgated thereunder. | ||||||
2 | (u) Records and information provided to an independent | ||||||
3 | team of experts under the Developmental Disability and | ||||||
4 | Mental Health Safety Act (also known as Brian's Law ) . | ||||||
5 | (v) Names and information of people who have applied | ||||||
6 | for or received Firearm Owner's Identification Cards under | ||||||
7 | the Firearm Owners Identification Card Act or applied for | ||||||
8 | or received a concealed carry license under the Firearm | ||||||
9 | Concealed Carry Act, unless otherwise authorized by the | ||||||
10 | Firearm Concealed Carry Act; and databases under the | ||||||
11 | Firearm Concealed Carry Act, records of the Concealed Carry | ||||||
12 | Licensing Review Board under the Firearm Concealed Carry | ||||||
13 | Act, and law enforcement agency objections under the | ||||||
14 | Firearm Concealed Carry Act. | ||||||
15 | (w) Personally identifiable information which is | ||||||
16 | exempted from disclosure under subsection (g) of Section | ||||||
17 | 19.1 of the Toll Highway Act. | ||||||
18 | (x) Information which is exempted from disclosure | ||||||
19 | under Section 5-1014.3 of the Counties Code or Section | ||||||
20 | 8-11-21 of the Illinois Municipal Code. | ||||||
21 | (y) Confidential information under the Adult | ||||||
22 | Protective Services Act and its predecessor enabling | ||||||
23 | statute, the Elder Abuse and Neglect Act, including | ||||||
24 | information about the identity and administrative finding | ||||||
25 | against any caregiver of a verified and substantiated | ||||||
26 | decision of abuse, neglect, or financial exploitation of an |
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1 | eligible adult maintained in the Registry established | ||||||
2 | under Section 7.5 of the Adult Protective Services Act. | ||||||
3 | (z) Records and information provided to a fatality | ||||||
4 | review team or the Illinois Fatality Review Team Advisory | ||||||
5 | Council under Section 15 of the Adult Protective Services | ||||||
6 | Act. | ||||||
7 | (aa) Information which is exempted from disclosure | ||||||
8 | under Section 2.37 of the Wildlife Code. | ||||||
9 | (bb) Information which is or was prohibited from | ||||||
10 | disclosure by the Juvenile Court Act of 1987. | ||||||
11 | (cc) Recordings made under the Law Enforcement | ||||||
12 | Officer-Worn Body Camera Act, except to the extent | ||||||
13 | authorized under that Act. | ||||||
14 | (dd) Information that is prohibited from being | ||||||
15 | disclosed under Section 45 of the Condominium and Common | ||||||
16 | Interest Community Ombudsperson Act. | ||||||
17 | (ee) Information that is exempted from disclosure | ||||||
18 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
19 | (ff) Information that is exempted from disclosure | ||||||
20 | under the Revised Uniform Unclaimed Property Act. | ||||||
21 | (gg) Information that is prohibited from being | ||||||
22 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
23 | Code. | ||||||
24 | (hh) Records that are exempt from disclosure under | ||||||
25 | Section 1A-16.7 of the Election Code. | ||||||
26 | (ii) Information which is exempted from disclosure |
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1 | under Section 2505-800 of the Department of Revenue Law of | ||||||
2 | the Civil Administrative Code of Illinois. | ||||||
3 | (jj) Information and reports that are required to be | ||||||
4 | submitted to the Department of Labor by registering day and | ||||||
5 | temporary labor service agencies but are exempt from | ||||||
6 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
7 | and Temporary Labor Services Act. | ||||||
8 | (kk) Information prohibited from disclosure under the | ||||||
9 | Seizure and Forfeiture Reporting Act. | ||||||
10 | (ll) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
12 | Aid Code. | ||||||
13 | (mm) (ll) Records that are exempt from disclosure under | ||||||
14 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
15 | (nn) (ll) Information that is exempt from disclosure | ||||||
16 | under Section 70 of the Higher Education Student Assistance | ||||||
17 | Act. | ||||||
18 | (oo) Communications, notes, records, and reports | ||||||
19 | arising out of a peer support counseling session prohibited | ||||||
20 | from disclosure under the First Responders Suicide | ||||||
21 | Prevention Act. | ||||||
22 | (pp) Names and all identifying information relating to | ||||||
23 | an employee of an emergency services provider or law | ||||||
24 | enforcement agency under the First Responders Suicide | ||||||
25 | Prevention Act. | ||||||
26 | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, |
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1 | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | ||||||
2 | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
3 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
4 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
5 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
6 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | ||||||
7 | 10-12-18.) | ||||||
8 | Section 110. The Department of State Police Law of the
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9 | Civil Administrative Code of Illinois is amended by adding | ||||||
10 | Section 2605-610 as follows: | ||||||
11 | (20 ILCS 2605/2605-610 new) | ||||||
12 | Sec. 2605-610. Possession of a Firearm Owner's | ||||||
13 | Identification Card. The Department shall not make possession | ||||||
14 | of a Firearm Owner's Identification Card a condition of | ||||||
15 | continued employment if the State Police officer's Firearm | ||||||
16 | Owner's Identification Card is revoked or seized because the | ||||||
17 | State Police officer has been a patient of a mental health | ||||||
18 | facility and the State Police officer has not been determined | ||||||
19 | to pose a clear and present danger to himself, herself, or | ||||||
20 | others as determined by a physician, clinical psychologist, or | ||||||
21 | qualified examiner. Nothing is this Section shall otherwise | ||||||
22 | impair an employer's ability to determine a State Police | ||||||
23 | officer's fitness for duty. A collective bargaining agreement | ||||||
24 | already in effect on this issue on the effective date of this |
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1 | amendatory Act of the 101st General Assembly cannot be | ||||||
2 | modified, but on or after the effective date of this amendatory | ||||||
3 | Act of the 101st General Assembly, the employer cannot require | ||||||
4 | a Firearm Owner's Identification Card as a condition of | ||||||
5 | continued employment in a collective bargaining agreement. The | ||||||
6 | employer shall document if and why a State Police officer has | ||||||
7 | been determined to pose a clear and present danger. | ||||||
8 | Section 115. The Illinois Police Training Act is amended by | ||||||
9 | changing Section 7 as follows:
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10 | (50 ILCS 705/7) (from Ch. 85, par. 507)
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11 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
12 | adopt rules and
minimum standards for such schools which shall | ||||||
13 | include, but not be limited to,
the following:
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14 | a. The curriculum for probationary police officers | ||||||
15 | which shall be
offered by all certified schools shall | ||||||
16 | include, but not be limited to,
courses of procedural | ||||||
17 | justice, arrest and use and control tactics, search and | ||||||
18 | seizure, including temporary questioning, civil rights, | ||||||
19 | human rights, human relations,
cultural competency, | ||||||
20 | including implicit bias and racial and ethnic sensitivity,
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21 | criminal law, law of criminal procedure, constitutional | ||||||
22 | and proper use of law enforcement authority, vehicle and | ||||||
23 | traffic law including
uniform and non-discriminatory | ||||||
24 | enforcement of the Illinois Vehicle Code,
traffic control |
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1 | and accident investigation, techniques of obtaining
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2 | physical evidence, court testimonies, statements, reports, | ||||||
3 | firearms
training, training in the use of electronic | ||||||
4 | control devices, including the psychological and | ||||||
5 | physiological effects of the use of those devices on | ||||||
6 | humans, first-aid (including cardiopulmonary | ||||||
7 | resuscitation), training in the administration of opioid | ||||||
8 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
9 | of Section 5-23 of the Substance Use Disorder Act, handling | ||||||
10 | of
juvenile offenders, recognition of
mental conditions | ||||||
11 | and crises, including, but not limited to, the disease of | ||||||
12 | addiction, which require immediate assistance and response | ||||||
13 | and methods to
safeguard and provide assistance to a person | ||||||
14 | in need of mental
treatment, recognition of abuse, neglect, | ||||||
15 | financial exploitation, and self-neglect of adults with | ||||||
16 | disabilities and older adults, as defined in Section 2 of | ||||||
17 | the Adult Protective Services Act, crimes against the | ||||||
18 | elderly, law of evidence, the hazards of high-speed police | ||||||
19 | vehicle
chases with an emphasis on alternatives to the | ||||||
20 | high-speed chase, and
physical training. The curriculum | ||||||
21 | shall include specific training in
techniques for | ||||||
22 | immediate response to and investigation of cases of | ||||||
23 | domestic
violence and of sexual assault of adults and | ||||||
24 | children, including cultural perceptions and common myths | ||||||
25 | of sexual assault and sexual abuse as well as interview | ||||||
26 | techniques that are age sensitive and are trauma informed, |
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1 | victim centered, and victim sensitive. The curriculum | ||||||
2 | shall include
training in techniques designed to promote | ||||||
3 | effective
communication at the initial contact with crime | ||||||
4 | victims and ways to comprehensively
explain to victims and | ||||||
5 | witnesses their rights under the Rights
of Crime Victims | ||||||
6 | and Witnesses Act and the Crime
Victims Compensation Act. | ||||||
7 | The curriculum shall also include training in effective | ||||||
8 | recognition of and responses to stress, trauma, and | ||||||
9 | post-traumatic stress experienced by police officers that | ||||||
10 | is consistent with Section 25 of the Illinois Mental Health | ||||||
11 | First Aid Training Act in a peer setting . The curriculum | ||||||
12 | shall also include a block of instruction aimed at | ||||||
13 | identifying and interacting with persons with autism and | ||||||
14 | other developmental or physical disabilities, reducing | ||||||
15 | barriers to reporting crimes against persons with autism, | ||||||
16 | and addressing the unique challenges presented by cases | ||||||
17 | involving victims or witnesses with autism and other | ||||||
18 | developmental disabilities. The curriculum for
permanent | ||||||
19 | police officers shall include, but not be limited to: (1) | ||||||
20 | refresher
and in-service training in any of the courses | ||||||
21 | listed above in this
subparagraph, (2) advanced courses in | ||||||
22 | any of the subjects listed above in
this subparagraph, (3) | ||||||
23 | training for supervisory personnel, and (4)
specialized | ||||||
24 | training in subjects and fields to be selected by the | ||||||
25 | board. The training in the use of electronic control | ||||||
26 | devices shall be conducted for probationary police |
| |||||||
| |||||||
1 | officers, including University police officers.
| ||||||
2 | b. Minimum courses of study, attendance requirements | ||||||
3 | and equipment
requirements.
| ||||||
4 | c. Minimum requirements for instructors.
| ||||||
5 | d. Minimum basic training requirements, which a | ||||||
6 | probationary police
officer must satisfactorily complete | ||||||
7 | before being eligible for permanent
employment as a local | ||||||
8 | law enforcement officer for a participating local
| ||||||
9 | governmental agency. Those requirements shall include | ||||||
10 | training in first aid
(including cardiopulmonary | ||||||
11 | resuscitation).
| ||||||
12 | e. Minimum basic training requirements, which a | ||||||
13 | probationary county
corrections officer must | ||||||
14 | satisfactorily complete before being eligible for
| ||||||
15 | permanent employment as a county corrections officer for a | ||||||
16 | participating
local governmental agency.
| ||||||
17 | f. Minimum basic training requirements which a | ||||||
18 | probationary court
security officer must satisfactorily | ||||||
19 | complete before being eligible for
permanent employment as | ||||||
20 | a court security officer for a participating local
| ||||||
21 | governmental agency. The Board shall
establish those | ||||||
22 | training requirements which it considers appropriate for | ||||||
23 | court
security officers and shall certify schools to | ||||||
24 | conduct that training.
| ||||||
25 | A person hired to serve as a court security officer | ||||||
26 | must obtain from the
Board a certificate (i) attesting to |
| |||||||
| |||||||
1 | his or her successful completion of the
training course; | ||||||
2 | (ii) attesting to his or her satisfactory
completion of a | ||||||
3 | training program of similar content and number of hours | ||||||
4 | that
has been found acceptable by the Board under the | ||||||
5 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
6 | determination that the training
course is unnecessary | ||||||
7 | because of the person's extensive prior law enforcement
| ||||||
8 | experience.
| ||||||
9 | Individuals who currently serve as court security | ||||||
10 | officers shall be deemed
qualified to continue to serve in | ||||||
11 | that capacity so long as they are certified
as provided by | ||||||
12 | this Act within 24 months of June 1, 1997 (the effective | ||||||
13 | date of Public Act 89-685). Failure to be so certified, | ||||||
14 | absent a waiver from the
Board, shall cause the officer to | ||||||
15 | forfeit his or her position.
| ||||||
16 | All individuals hired as court security officers on or | ||||||
17 | after June 1, 1997 (the effective
date of Public Act | ||||||
18 | 89-685) shall be certified within 12 months of the
date of | ||||||
19 | their hire, unless a waiver has been obtained by the Board, | ||||||
20 | or they
shall forfeit their positions.
| ||||||
21 | The Sheriff's Merit Commission, if one exists, or the | ||||||
22 | Sheriff's Office if
there is no Sheriff's Merit Commission, | ||||||
23 | shall maintain a list of all
individuals who have filed | ||||||
24 | applications to become court security officers and
who meet | ||||||
25 | the eligibility requirements established under this Act. | ||||||
26 | Either
the Sheriff's Merit Commission, or the Sheriff's |
| |||||||
| |||||||
1 | Office if no Sheriff's Merit
Commission exists, shall | ||||||
2 | establish a schedule of reasonable intervals for
| ||||||
3 | verification of the applicants' qualifications under
this | ||||||
4 | Act and as established by the Board.
| ||||||
5 | g. Minimum in-service training requirements, which a | ||||||
6 | police officer must satisfactorily complete every 3 years. | ||||||
7 | Those requirements shall include constitutional and proper | ||||||
8 | use of law enforcement authority, procedural justice, | ||||||
9 | civil rights, human rights, mental health awareness and | ||||||
10 | response, and cultural competency. | ||||||
11 | h. Minimum in-service training requirements, which a | ||||||
12 | police officer must satisfactorily complete at least | ||||||
13 | annually. Those requirements shall include law updates and | ||||||
14 | use of force training which shall include scenario based | ||||||
15 | training, or similar training approved by the Board. | ||||||
16 | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | ||||||
17 | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | ||||||
18 | 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. | ||||||
19 | 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
| ||||||
20 | Section 117. The Uniform Peace Officers' Disciplinary Act | ||||||
21 | is amended by changing Section 7.2 as follows: | ||||||
22 | (50 ILCS 725/7.2) | ||||||
23 | Sec. 7.2. Possession of a Firearm Owner's Identification | ||||||
24 | Card. An employer of an officer shall not make possession of a |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card a condition of continued | ||||||
2 | employment if the officer's Firearm Owner's Identification | ||||||
3 | Card is revoked or seized because the officer has been a | ||||||
4 | patient of a mental health facility and the officer has not | ||||||
5 | been determined to pose a clear and present danger to himself, | ||||||
6 | herself, or others as determined by a physician, clinical | ||||||
7 | psychologist, or qualified examiner. Nothing is this Section | ||||||
8 | shall otherwise impair an employer's ability to determine an | ||||||
9 | officer's fitness for duty. On and after the effective date of | ||||||
10 | this amendatory Act of the 100th General Assembly, Section 6 of | ||||||
11 | this Act shall not apply to the prohibition requiring a Firearm | ||||||
12 | Owner's Identification Card as a condition of continued | ||||||
13 | employment, but a collective bargaining agreement already in | ||||||
14 | effect on that issue on the effective date of this amendatory | ||||||
15 | Act of the 100th General Assembly cannot be modified. The | ||||||
16 | employer shall document if and why an officer has been | ||||||
17 | determined to pose a clear and present danger.
| ||||||
18 | (Source: P.A. 100-911, eff. 8-17-18.) | ||||||
19 | Section 120. The Illinois Fire Protection Training Act is | ||||||
20 | amended by changing Section 8 as 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 | Section 130. The Counties Code is amended by adding Section | ||||||
21 | 3-6012.2 as follows: | ||||||
22 | (55 ILCS 5/3-6012.2 new) | ||||||
23 | Sec. 3-6012.2. Mental health specialists; sheriff's | ||||||
24 | offices. Sheriff's offices shall ensure
that mental health |
| |||||||
| |||||||
1 | resources, including counselors or therapists,
are available | ||||||
2 | to each sheriff's office's employees, whether through
direct | ||||||
3 | employment by that office, contract employment,
or other means. | ||||||
4 | Section 135. The Illinois Municipal Code is amended by | ||||||
5 | adding Sections 11-1-14 and 11-6-11 as follows: | ||||||
6 | (65 ILCS 5/11-1-14 new) | ||||||
7 | Sec. 11-1-14. Mental health specialists; police. The
| ||||||
8 | corporate authorities of each municipality which has
| ||||||
9 | established a police department shall ensure
that mental health | ||||||
10 | resources, including counselors or therapists,
are available | ||||||
11 | to that police department's employees, whether through
direct | ||||||
12 | employment by that department, contract employment,
or other | ||||||
13 | means. | ||||||
14 | (65 ILCS 5/11-6-11 new) | ||||||
15 | Sec. 11-6-11. Mental health specialists; fire. The
| ||||||
16 | corporate authorities of each municipality which has
| ||||||
17 | established firefighting services shall ensure
that mental | ||||||
18 | health resources, including counselors or therapists,
are | ||||||
19 | available to that fire department's employees, whether through
| ||||||
20 | direct employment by that department, contract employment,
or | ||||||
21 | other means.
| ||||||
22 | Section 999. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.".
|