Illinois General Assembly - Full Text of HB4439
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Full Text of HB4439  95th General Assembly



State of Illinois
2007 and 2008


Introduced , by Rep. Mary E. Flowers


50 ILCS 705/7   from Ch. 85, par. 507
50 ILCS 705/8   from Ch. 85, par. 508

    Amends the Illinois Police Training Act. Requires that the training of probationary and permanent police officers, including those of home rule units, include sensitivity training with regard to the African American male population of Illinois. Preempts home rule powers. Effective immediately.

LRB095 14151 HLH 40014 b






HB4439 LRB095 14151 HLH 40014 b

1     AN ACT regarding law enforcement.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Illinois Police Training Act is amended by
5 changing Sections 7 and 8 as follows:
6     (50 ILCS 705/7)  (from Ch. 85, par. 507)
7     Sec. 7. Rules and standards for schools. The Board shall
8 adopt rules and minimum standards for such schools which shall
9 include but not be limited to the following:
10     a. The curriculum for probationary police officers which
11 shall be offered by all certified schools shall include but not
12 be limited to courses of arrest, search and seizure, civil
13 rights, human relations, sensitivity training with regard to
14 the African American male population of Illinois, cultural
15 diversity, including racial and ethnic sensitivity, criminal
16 law, law of criminal procedure, vehicle and traffic law
17 including uniform and non-discriminatory enforcement of the
18 Illinois Vehicle Code, traffic control and accident
19 investigation, techniques of obtaining physical evidence,
20 court testimonies, statements, reports, firearms training,
21 first-aid (including cardiopulmonary resuscitation), handling
22 of juvenile offenders, recognition of mental conditions which
23 require immediate assistance and methods to safeguard and



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1 provide assistance to a person in need of mental treatment, law
2 of evidence, the hazards of high-speed police vehicle chases
3 with an emphasis on alternatives to the high-speed chase, and
4 physical training. The curriculum shall include specific
5 training in techniques for immediate response to and
6 investigation of cases of domestic violence and of sexual
7 assault of adults and children. The curriculum shall also
8 include a block of instruction aimed at identifying and
9 interacting with persons with autism and other developmental
10 disabilities, reducing barriers to reporting crimes against
11 persons with autism, and addressing the unique challenges
12 presented by cases involving victims or witnesses with autism
13 and other developmental disabilities. The curriculum for
14 permanent police officers shall include but not be limited to
15 (1) refresher and in-service training in any of the courses
16 listed above in this subparagraph, specifically including
17 sensitivity training with regard to the African American male
18 population of Illinois, (2) advanced courses in any of the
19 subjects listed above in this subparagraph, (3) training for
20 supervisory personnel, and (4) specialized training in
21 subjects and fields to be selected by the board.
22     b. Minimum courses of study, attendance requirements and
23 equipment requirements.
24     c. Minimum requirements for instructors.
25     d. Minimum basic training requirements, which a
26 probationary police officer must satisfactorily complete



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1 before being eligible for permanent employment as a local law
2 enforcement officer for a participating local governmental
3 agency. Those requirements shall include training in first aid
4 (including cardiopulmonary resuscitation).
5     e. Minimum basic training requirements, which a
6 probationary county corrections officer must satisfactorily
7 complete before being eligible for permanent employment as a
8 county corrections officer for a participating local
9 governmental agency.
10     f. Minimum basic training requirements which a
11 probationary court security officer must satisfactorily
12 complete before being eligible for permanent employment as a
13 court security officer for a participating local governmental
14 agency. The Board shall establish those training requirements
15 which it considers appropriate for court security officers and
16 shall certify schools to conduct that training.
17     A person hired to serve as a court security officer must
18 obtain from the Board a certificate (i) attesting to his or her
19 successful completion of the training course; (ii) attesting to
20 his or her satisfactory completion of a training program of
21 similar content and number of hours that has been found
22 acceptable by the Board under the provisions of this Act; or
23 (iii) attesting to the Board's determination that the training
24 course is unnecessary because of the person's extensive prior
25 law enforcement experience.
26     Individuals who currently serve as court security officers



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1 shall be deemed qualified to continue to serve in that capacity
2 so long as they are certified as provided by this Act within 24
3 months of the effective date of this amendatory Act of 1996.
4 Failure to be so certified, absent a waiver from the Board,
5 shall cause the officer to forfeit his or her position.
6     All individuals hired as court security officers on or
7 after the effective date of this amendatory Act of 1996 shall
8 be certified within 12 months of the date of their hire, unless
9 a waiver has been obtained by the Board, or they shall forfeit
10 their positions.
11     The Sheriff's Merit Commission, if one exists, or the
12 Sheriff's Office if there is no Sheriff's Merit Commission,
13 shall maintain a list of all individuals who have filed
14 applications to become court security officers and who meet the
15 eligibility requirements established under this Act. Either
16 the Sheriff's Merit Commission, or the Sheriff's Office if no
17 Sheriff's Merit Commission exists, shall establish a schedule
18 of reasonable intervals for verification of the applicants'
19 qualifications under this Act and as established by the Board.
20 (Source: P.A. 95-171, eff. 1-1-08.)
21     (50 ILCS 705/8)  (from Ch. 85, par. 508)
22     Sec. 8. Participation required.
23     (a) Except as provided in subsection (b), all All home rule
24 local governmental units shall comply with Sections 8.1 and 8.2
25 and any other mandatory provisions of this Act. This Act is a



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1 limitation on home rule powers under subsection (i) of Section
2 6 of Article VII of the Illinois Constitution.
3     (b) Each local home rule governmental unit that does not
4 elect to voluntarily participate under this Act must provide
5 its probationary and permanent police officers with
6 sensitivity training with regard to the African American male
7 population of Illinois. That training must be at least as
8 extensive as the training provided under this Act. This
9 subsection is a denial and limitation of home rule powers and
10 functions under subsection (i) of Section 6 of Article VII of
11 the Illinois Constitution.
12 (Source: P.A. 89-170, eff. 1-1-96.)
13     Section 99. Effective date. This Act takes effect upon
14 becoming law.