HB1095eng 102ND GENERAL ASSEMBLY

HB1095 Engrossed LRB102 03109 RLC 13122 b

AN ACT concerning criminal law.

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

Section 5. The Illinois State Police Law of the Civil Administrative Code of Illinois is amended by changing Section 2605-51 as follows:

(20 ILCS 2605/2605-51)

Sec. 2605-51. Division of the Academy and Training.

(a) The Division of the Academy and Training shall exercise, but not be limited to, the following functions:

(1) Oversee and operate the Illinois State Police Training Academy.

(2) Train and prepare new officers for a career in law enforcement, with innovative, quality training and educational practices.

(3) Offer continuing training and educational programs for Illinois State Police employees.

(4) Oversee the Illinois State Police's recruitment initiatives.

(5) Oversee and operate the Illinois State Police's quartermaster.

(6) Duties assigned to the Illinois State Police in Article 5, Chapter 11 of the Illinois Vehicle Code concerning testing and training officers on the detection of impaired driving.

(7) Duties assigned to the Illinois State Police in Article 108B of the Code of Criminal Procedure.

(b) The Division of the Academy and Training shall exercise the rights, powers, and duties vested in the former Division of State Troopers by Section 17 of the Illinois State Police Act.

(c) Specialized training.

(1) Training; cultural diversity. The Division of the Academy and Training shall provide training and continuing education to State police officers concerning cultural diversity, including sensitivity toward racial and ethnic differences. This training and continuing education shall include, but not be limited to, an emphasis on the fact that the primary purpose of enforcement of the Illinois Vehicle Code is safety and equal and uniform enforcement under the law.

(2) Training; death and homicide investigations. The Division of the Academy and Training shall provide training in death and homicide investigation for State police officers. Only State police officers who successfully complete the training may be assigned as lead investigators in death and homicide investigations. Satisfactory completion of the training shall be evidenced by a certificate issued to the officer by the Division of the Academy and Training. The Director shall develop a process for waiver applications for officers whose prior training and experience as homicide investigators may qualify them for a waiver. The Director may issue a waiver, at his or her discretion, based solely on the prior training and experience of an officer as a homicide investigator.

(A) The Division shall require all homicide investigator training to include instruction on victim-centered, trauma-informed investigation. This training must be implemented by July 1, 2023.

(B) The Division shall cooperate with the Division of Criminal Investigation to develop a model curriculum on victim-centered, trauma-informed investigation. This curriculum must be implemented by July 1, 2023.

(3) Training; police dog training standards. All police dogs used by the Illinois State Police for drug enforcement purposes pursuant to the Cannabis Control Act, the Illinois Controlled Substances Act, and the Methamphetamine Control and Community Protection Act shall be trained by programs that meet the certification requirements set by the Director or the Director's designee. Satisfactory completion of the training shall be evidenced by a certificate issued by the Division of the Academy and Training.

(4) Training; post-traumatic stress disorder. The Division of the Academy and Training shall conduct or approve a training program in post-traumatic stress disorder for State police officers. The purpose of that training shall be to equip State police officers to identify the symptoms of post-traumatic stress disorder and to respond appropriately to individuals exhibiting those symptoms.

(5) Training; opioid antagonists. The Division of the Academy and Training shall conduct or approve a training program for State police officers in the administration of opioid antagonists as defined in paragraph (1) of subsection (e) of Section 5-23 of the Substance Use Disorder Act that is in accordance with that Section. As used in this Section, "State police officers" includes full-time or part-time State police officers, investigators, and any other employee of the Illinois State Police exercising the powers of a peace officer.

(6) Training; sexual assault and sexual abuse.

(A) Every 3 years, the Division of the Academy and Training shall present in-service training on sexual assault and sexual abuse response and report writing training requirements, including, but not limited to, the following:

(i) recognizing the symptoms of trauma;

(ii) understanding the role trauma has played in a victim's life;

(iii) responding to the needs and concerns of a victim;

(iv) delivering services in a compassionate, sensitive, and nonjudgmental manner;

(v) interviewing techniques in accordance with the curriculum standards in this paragraph (6);

(vi) understanding cultural perceptions and common myths of sexual assault and sexual abuse; and

(vii) report writing techniques in accordance with the curriculum standards in this paragraph (6).

(B) This training must also be presented in all full and part-time basic law enforcement academies.

(C) Instructors providing this training shall have successfully completed training on evidence-based, trauma-informed, victim-centered responses to cases of sexual assault and sexual abuse and have experience responding to sexual assault and sexual abuse cases.

(D) The Illinois State Police shall adopt rules, in consultation with the Office of the Attorney General and the Illinois Law Enforcement Training Standards Board, to determine the specific training requirements for these courses, including, but not limited to, the following:

(i) evidence-based curriculum standards for report writing and immediate response to sexual assault and sexual abuse, including trauma-informed, victim-centered interview techniques, which have been demonstrated to minimize retraumatization, for all State police officers; and

(ii) evidence-based curriculum standards for trauma-informed, victim-centered investigation and interviewing techniques, which have been demonstrated to minimize retraumatization, for cases of sexual assault and sexual abuse for all State police officers who conduct sexual assault and sexual abuse investigations.

(7) Training; human trafficking. The Division of the Academy and Training shall conduct or approve a training program in the detection and investigation of all forms of human trafficking, including, but not limited to, involuntary servitude under subsection (b) of Section 10-9 of the Criminal Code of 2012, involuntary sexual servitude of a minor under subsection (c) of Section 10-9 of the Criminal Code of 2012, and trafficking in persons under subsection (d) of Section 10-9 of the Criminal Code of 2012. This program shall be made available to all cadets and State police officers.

(8) Training; hate crimes. The Division of the Academy and Training shall provide training for State police officers in identifying, responding to, and reporting all hate crimes.

(Source: P.A. 102-538, eff. 8-20-21.)

Section 15. The Illinois Municipal Code is amended by adding Division 1.5 of Article 11 as follows:

(65 ILCS 5/Art. 11 Div. 1.5 heading new)

DIVISION 1.5.

CO-RESPONDER PILOT PROGRAM

(65 ILCS 5/11-1.5-5 new)

Sec. 11-1.5-5. Definitions. As used in this Section:

"Department" means the East St. Louis Police Department, the Peoria Police Department, the Springfield Police Department, or the Waukegan Police Department.

"Station adjustment" has the meaning given to that term in Section 1-3 of the Juvenile Court Act of 1987.

"Unit" means a co-responder unit created under this Division.

(65 ILCS 5/11-1.5-10 new)

Sec. 11-1.5-10. Establishment; responsibilities; focus.

(a) Each department shall establish, subject to appropriation, a co-responder unit no later than 6 months after the effective date of this amendatory Act of the 102nd General Assembly, including the hiring of personnel as provided in this Division.

(b) Along with the duties described in Sections 11-1.5-15 and 11-1.5-20, the unit's social workers are responsible for conducting follow-up visits for victims who may benefit from mental or behavioral health services. The unit shall utilize community resources, including services provided through the Department of Human Services and social workers in juvenile and adult investigations, to connect individuals with appropriate services.

(c) The unit's primary area of focus shall be victim assistance.

(65 ILCS 5/11-1.5-15 new)

Sec. 11-1.5-15. Duties. The duties of the unit include, but are not limited to:

(1) Serving as a resource to a department's community to identify and coordinate the social services available to residents who are victims of criminal acts.

(2) Networking with area social service agencies to develop a community-mutual resource system and wrap-around services (a team-based, collaborative case management approach) for victims in need of social service assistance; and fostering relationships with community organizations not limited to area hospitals, school districts, juvenile justice system, and various community groups.

(3) Employing social workers of the unit who shall:

(A) Upon request, provide community presentations on an array of social service topics.

(B) Assist individuals in diversion from the criminal justice system by addressing problems or concerns through therapeutic intervention.

(C) Facilitate follow-up treatment or referral to the appropriate community resource organization.

(D) When requested, assist department employees in securing services for those in need and provide educational information to help the employee better understand the circumstances or the community concern.

(E) Meet with walk-ins requesting information or assistance.

(F) Protect the interest, confidentiality, and civil rights of the client.

(G) Train social work interns who may be working within the unit.

(H) Be on-call after regular business hours, as needed.

(L) Consult on all cases as needed by the department.

(M) Perform other functions as provided in Section 11-1.5-20 or otherwise needed by a department.

(4) Employing social workers who shall work with victims of crimes as follows:

(A) Review police reports to identify known victims and contact them to offer direct and referred services.

(B) Assist victims with filing police reports and victim compensation forms.

(C) Provide safety planning services to victims.

(D) Provide crisis counseling services to victims and their families.

(E) Conduct home visits with victims in conjunction with police backup, when needed.

(F) Assist victims in obtaining orders of protection. A social worker, in the performance of his or her duties under this subparagraph, is an advocate, as that term is defined in Section 112A-3 of the Code of Criminal Procedure of 1963.

(G) Facilitate court advocacy services for victims, including arranging for transportation to and from court.

(H) Maintain confidential case files which include social history, diagnosis, formulation of treatment, and documentation of services.

(I) Perform miscellaneous personal advocacy tasks for victims, as needed.

(J) Oversee activities to ensure those victims with the most urgent needs are given the highest priority for services.

(K) Provide status updates on the progress of a victim's case.

(5) Adhering to and understanding the applicable policies, procedures, and orders of a department.

(6) Attaining department-established unit goals.

(7) Maintaining a positive relationship with co-workers, as well as the investigators from area police departments and facilitating the exchange of information and resources pertaining to investigations.

(8) Keeping informed on crime trends within the City.

(9) Remaining obedient and responsive to all verbal and written orders issued by superiors.

(10) Completing police reports and other required documentation.

(11) Performing such other duties as may be required by State law, city ordinance, and department policy or as may be assigned by a sworn supervisor.

(65 ILCS 5/11-1.5-20 new)

Sec. 11-1.5-20. Social workers.

(a) Unit social workers may be referred to as victim service specialists. Social workers are responsible for working as a team to provide trauma-informed crisis intervention, case management, advocacy, and ongoing emotional support to the victims of all crimes, with extra attention to crimes that cause a high level of victim trauma.

(b) Unit social workers involved in a case under adult investigations may perform the following responsibilities:

(1) Working with domestic violence investigators.

(2) Assisting victims with finding safe housing, transportation, and legal assistance.

(3) Providing other needed resources for the victims and their families, including working with children who witness or experience domestic violence.

(4) Assisting victims and their children in setting up counseling.

(5) Helping reduce victims' chances of reentry into violent situations.

(c) Unit social workers involved in a case under juvenile investigations may perform the following responsibilities:

(1) Working with families that have habitual runaways and determining why the juveniles keep running away.

(2) Providing services to families where there have been domestic disturbances between the juveniles and their parents.

(3) Providing resources for parents to help their children who are struggling in school or need transportation to school.

(4) Providing guidance and advice to the families of a juvenile who has been arrested and what the next steps and options are in the process.

(5) Assisting a juvenile with station adjustments and creating a station adjustment program in a department.

(6) Providing services to juvenile victims and families where the Department of Children and Family Services either did not get involved or did not provide services.

(7) Assisting with overcoming feuds between groups of juveniles.

(8) Assisting in instances where the families are not cooperative with police.

(9) Discussing with families and juveniles options and solutions to prevent future arrest.

(10) Maintaining a list of families in need that the unit or department have had contact with for department or city special events.

(11) Helping facilitate or assist a department in community-oriented events, such as setting up an event where officers or unit personnel read books with younger children, talking about cyber crimes and social media, or having an officer or unit personnel visit a school for other activities.

(12) Helping reduce juvenile recidivism.

(65 ILCS 5/11-1.5-25 new)

Sec. 11-1.5-25. Training. All unit employees shall be trained in crisis intervention and integrating communications, assessment and tactics. Integrating communications, assessment, and tactics training shall be designed for situations involving persons who are unarmed or are armed with weapons and who may be experiencing a mental health or other crisis. The training shall incorporate different skill sets into a unified training approach that emphasizes scenario-based exercises, as well as lecture and case study opportunities.

(65 ILCS 5/11-1.5-99 new)

Sec. 11-1.5-99. Repeal. This Division is repealed January 1, 2029.

Section 20. The Gang Crime Witness Protection Act of 2013 is amended by changing Sections 1, 5, 10, 15, and 20 as follows:

(725 ILCS 173/1)

Sec. 1. Short title. This Act may be cited as the Violent Crime Victim and Gang Crime Witness Protection Act of 2013.

(Source: P.A. 98-58, eff. 7-8-13.)

(725 ILCS 173/5)

Sec. 5. Definition. As used in this Act, "violent crime" has the meaning ascribed to it in Section 3 of the Rights of Crime Victims and Witnesses Act. "gang crime" means any criminal offense committed by a member of a "gang" as that term is defined in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act when the offense is in furtherance of any activity, enterprise, pursuit, or undertaking of a gang.

(Source: P.A. 98-58, eff. 7-8-13.)

(725 ILCS 173/10)

Sec. 10. Program. Subject to appropriation, the Illinois Criminal Justice Information Authority shall establish and administer a program to assist victims and witnesses of violent crimes who are actively aiding in the prosecution of perpetrators of gang crime, and appropriate related persons. Financial assistance may be provided, upon application by a State's Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State's Attorney or Attorney General, investigating or prosecuting a violent gang crime occurring under the State's Attorney's or Attorney General's respective jurisdiction, from funds deposited in the Violent Crime Victim and Gang Crime Witness Protection Program Fund and appropriated from that Fund for the purposes of this Act. The State's Attorney or the Attorney General, or a chief executive of a police agency with the approval from the State's Attorney or Attorney General, may use an individual's willingness to actively aid in the prosecution of the violent crime as a factor in determining if the individual may be provided assistance. A person who is otherwise eligible for services and assistance under this Act shall not be denied assistance and services under this Act on the basis of the person's lack of federal authorization to be present in the United States.

(Source: P.A. 98-58, eff. 7-8-13.)

(725 ILCS 173/15)

Sec. 15. Funding. The Illinois Criminal Justice Information Authority, in consultation with the Attorney General, shall adopt rules for the implementation of the Violent Crime Victim and Gang Crime Witness Protection Program. Assistance shall be subject to the following limitations:

(a) Funds shall be limited to payment of the following:

(1) temporary living costs;

(2) moving expenses;

(3) rent;

(4) security deposits; and

(5) other appropriate expenses of relocation or transition;

(b) Approval of applications made by State's Attorneys shall be conditioned upon county funding for costs at a level of at least 25%, unless this requirement is waived by the administrator, in accordance with adopted rules, for good cause shown;

(c) Counties providing assistance consistent with the limitations in this Act may apply for reimbursement of up to 75% of their costs;

(d) No more than 50% of funding available in any given fiscal year may be used for costs associated with any single county; and

(e) Before the Illinois Criminal Justice Information Authority distributes moneys from the Violent Crime Victim and Gang Crime Witness Protection Program Fund as provided in this Section, it shall retain 2% of those moneys for administrative purposes.

(Source: P.A. 98-58, eff. 7-8-13; 99-78, eff. 7-20-15.)

(725 ILCS 173/20)

Sec. 20. Violent Crime Victim and Gang Crime Witness Protection Program Fund. There is created in the State Treasury the Violent Crime Victim and Gang Crime Witness Protection Program Fund into which shall be deposited appropriated funds, grants, or other funds made available to the Illinois Criminal Justice Information Authority to assist State's Attorneys and the Attorney General in protecting victims and witnesses of violent crime who are aiding in the prosecution of perpetrators of gang crime, and appropriate related persons.

(Source: P.A. 98-58, eff. 7-8-13; 99-576, eff. 7-15-16.)

Section 25. The State Finance Act is amended by changing Section 5.833 as follows:

(30 ILCS 105/5.833)

Sec. 5.833. The Violent Crime Victim and Gang Crime Witness Protection Program Fund.

(Source: P.A. 98-58, eff. 7-8-13; 98-756, eff. 7-16-14.)