Full Text of HB0105 99th General Assembly
HB0105 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB0105 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 20 ILCS 2610/9 | from Ch. 121, par. 307.9 | 50 ILCS 705/7 | from Ch. 85, par. 507 |
|
Amends the State Police Act. Provides that the Department of State Police Merit Board shall require that before employment, and after employment on an ongoing basis, Department of State Police officers receive training in human rights including civil rights and in cultural
diversity, including racial and ethnic sensitivity. Amends the Illinois Police Training Act. Requires a police officer of a local governmental agency to take courses in human rights and receive ongoing training in human rights including civil rights and in cultural
diversity, including racial and ethnic sensitivity. Effective immediately.
|
| |
| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
|
| | | HB0105 | | LRB099 00135 RLC 20135 b |
|
| 1 | | AN ACT concerning police training.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The State Police Act is amended by changing | 5 | | Section 9 as follows:
| 6 | | (20 ILCS 2610/9) (from Ch. 121, par. 307.9)
| 7 | | Sec. 9. Appointment; qualifications.
| 8 | | (a) Except as otherwise provided in this Section, the | 9 | | appointment of
Department of State Police officers shall be | 10 | | made from those applicants who
have been certified by the Board | 11 | | as being qualified for appointment. All
persons so appointed | 12 | | shall, at the time of their appointment, be not less than
21 | 13 | | years of age, or 20 years of age and have successfully | 14 | | completed 2 years of
law enforcement studies at an accredited | 15 | | college or university. Any person
appointed subsequent to | 16 | | successful completion of 2 years of such law
enforcement | 17 | | studies shall not have power of arrest, nor shall he be | 18 | | permitted
to carry firearms, until he reaches 21 years of age. | 19 | | In addition,
all persons so certified for appointment shall be | 20 | | of sound mind and body, be of
good moral character, be citizens | 21 | | of the United States, have no criminal
records, possess such | 22 | | prerequisites of training, education and experience as
the | 23 | | Board may from time to time prescribe, and shall be required to |
| | | HB0105 | - 2 - | LRB099 00135 RLC 20135 b |
|
| 1 | | pass
successfully such mental and physical tests and | 2 | | examinations as may be
prescribed by the Board. The Board shall | 3 | | require that before employment, and after employment on an | 4 | | ongoing basis, Department of State Police officers receive | 5 | | training in human rights including civil rights and in cultural
| 6 | | diversity, including racial and ethnic sensitivity. | 7 | | Notwithstanding any Board rule to the contrary, all persons who | 8 | | either: (i) have been honorably discharged and who have been | 9 | | awarded a Southwest Asia Service Medal, Kosovo Campaign Medal, | 10 | | Korean Defense Service Medal, Afghanistan Campaign Medal, Iraq | 11 | | Campaign Medal, or Global War on Terrorism Expeditionary Medal | 12 | | by the United States Armed Forces or (ii) are active members of | 13 | | the Illinois National Guard or a reserve component of the | 14 | | United States Armed Forces and who have been awarded a | 15 | | Southwest Asia Service Medal, Kosovo Campaign Medal, Korean | 16 | | Defense Service Medal, Afghanistan Campaign Medal, Iraq | 17 | | Campaign Medal, or Global War on Terrorism Expeditionary Medal | 18 | | as a result of honorable service during deployment on active | 19 | | duty, are deemed to have met the collegiate educational | 20 | | requirements. Preference shall be given in such appointments to
| 21 | | persons who have honorably served in the military or naval | 22 | | services of the
United States. All appointees shall serve a | 23 | | probationary period of 12 months
from the date of appointment | 24 | | and during that period may be discharged at the
will of the | 25 | | Director. However, the Director may in his or her sole | 26 | | discretion
extend the probationary period of an officer up to |
| | | HB0105 | - 3 - | LRB099 00135 RLC 20135 b |
|
| 1 | | an additional 6 months when
to do so is deemed in the best | 2 | | interest of the Department.
| 3 | | (b) Notwithstanding the other provisions of this Act, after | 4 | | July 1,
1977 and before July 1, 1980, the Director of State | 5 | | Police may appoint and
promote not more than 20 persons having | 6 | | special qualifications as special
agents as he deems necessary | 7 | | to carry out the Department's objectives. Any
such appointment | 8 | | or promotion shall be ratified by the Board.
| 9 | | (c) During the 90 days following the effective date of this | 10 | | amendatory Act
of 1995, the Director of State Police may | 11 | | appoint up to 25 persons as State
Police officers. These | 12 | | appointments shall be made in accordance with the
requirements | 13 | | of this subsection (c) and any additional criteria that may be
| 14 | | established by the Director, but are not subject to any other | 15 | | requirements of
this Act. The Director may specify the initial | 16 | | rank for each person appointed
under this subsection.
| 17 | | All appointments under this subsection (c) shall be made | 18 | | from personnel
certified by the Board. A person certified by | 19 | | the Board and appointed by the
Director under this subsection | 20 | | must have been employed by the Illinois Commerce
Commission on | 21 | | November 30, 1994 in a job title
subject to the Personnel Code | 22 | | and in a position for which the person was
eligible to earn | 23 | | "eligible creditable service" as a "noncovered employee", as
| 24 | | those terms are defined in Article 14 of the Illinois Pension | 25 | | Code.
| 26 | | Persons appointed under this subsection (c) shall |
| | | HB0105 | - 4 - | LRB099 00135 RLC 20135 b |
|
| 1 | | thereafter be subject to
the same requirements and procedures | 2 | | as other State police officers. A person
appointed under this | 3 | | subsection must serve a probationary period of 12 months
from | 4 | | the date of appointment, during which he or she may be | 5 | | discharged at the
will of the Director.
| 6 | | This subsection (c) does not affect or limit the Director's | 7 | | authority to
appoint other State Police officers under | 8 | | subsection (a) of this Section.
| 9 | | (Source: P.A. 97-640, eff. 12-19-11; 98-54, eff. 1-1-14.)
| 10 | | Section 10. The Illinois Police Training Act is amended by | 11 | | changing Section 7 as follows:
| 12 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
| 13 | | Sec. 7. Rules and standards for schools. The Board shall | 14 | | adopt rules and
minimum standards for such schools which shall | 15 | | include but not be limited to
the following:
| 16 | | a. The curriculum for probationary police officers which | 17 | | shall be
offered by all certified schools shall include but not | 18 | | be limited to
courses of arrest, search and seizure, human | 19 | | rights including civil rights, human relations,
cultural
| 20 | | diversity, including racial and ethnic sensitivity,
criminal | 21 | | law, law of criminal procedure, vehicle and traffic law | 22 | | including
uniform and non-discriminatory enforcement of the | 23 | | Illinois Vehicle Code,
traffic control and accident | 24 | | investigation, techniques of obtaining
physical evidence, |
| | | HB0105 | - 5 - | LRB099 00135 RLC 20135 b |
|
| 1 | | court testimonies, statements, reports, firearms
training, | 2 | | training in the use of electronic control devices, including | 3 | | the psychological and physiological effects of the use of those | 4 | | devices on humans, first-aid (including cardiopulmonary | 5 | | resuscitation), handling of
juvenile offenders, recognition of
| 6 | | mental conditions which require immediate assistance and | 7 | | methods to
safeguard and provide assistance to a person in need | 8 | | of mental
treatment, recognition of abuse, neglect, financial | 9 | | exploitation, and self-neglect of adults with disabilities and | 10 | | older adults, as defined in Section 2 of the Adult Protective | 11 | | Services Act, crimes against the elderly, law of evidence, the | 12 | | hazards of high-speed police vehicle
chases with an emphasis on | 13 | | alternatives to the high-speed chase, and
physical training. | 14 | | The curriculum shall include specific training in
techniques | 15 | | for immediate response to and investigation of cases of | 16 | | domestic
violence and of sexual assault of adults and children. | 17 | | The curriculum shall include
training in techniques designed to | 18 | | promote effective
communication at the initial contact with | 19 | | crime victims and ways to comprehensively
explain to victims | 20 | | and witnesses their rights under the Rights
of Crime Victims | 21 | | and Witnesses Act and the Crime
Victims Compensation Act. The | 22 | | curriculum shall also include a block of instruction aimed at | 23 | | identifying and interacting with persons with autism and other | 24 | | developmental disabilities, reducing barriers to reporting | 25 | | crimes against persons with autism, and addressing the unique | 26 | | challenges presented by cases involving victims or witnesses |
| | | HB0105 | - 6 - | LRB099 00135 RLC 20135 b |
|
| 1 | | with autism and other developmental disabilities. The | 2 | | curriculum for
permanent police officers shall include but not | 3 | | be limited to (1) refresher
and in-service training in any of | 4 | | the courses listed above in this
subparagraph, (2) advanced | 5 | | courses in any of the subjects listed above in
this | 6 | | subparagraph, (3) training for supervisory personnel, and (4)
| 7 | | specialized training in subjects and fields to be selected by | 8 | | the board , and (5) ongoing training in human rights including | 9 | | civil rights and in cultural
diversity, including racial and | 10 | | ethnic sensitivity . The training in the use of electronic | 11 | | control devices shall be conducted for probationary police | 12 | | officers, including University police officers.
| 13 | | b. Minimum courses of study, attendance requirements and | 14 | | equipment
requirements.
| 15 | | c. Minimum requirements for instructors.
| 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 law | 19 | | enforcement officer for a participating local
governmental | 20 | | agency. Those requirements shall include training in first aid
| 21 | | (including cardiopulmonary resuscitation).
| 22 | | e. Minimum basic training requirements, which a | 23 | | probationary county
corrections officer must satisfactorily | 24 | | complete before being eligible for
permanent employment as a | 25 | | county corrections officer for a participating
local | 26 | | governmental agency.
|
| | | HB0105 | - 7 - | LRB099 00135 RLC 20135 b |
|
| 1 | | f. Minimum basic training requirements which a | 2 | | probationary court
security officer must satisfactorily | 3 | | complete before being eligible for
permanent employment as a | 4 | | court security officer for a participating local
governmental | 5 | | agency. The Board shall
establish those training requirements | 6 | | which it considers appropriate for court
security officers and | 7 | | shall certify schools to conduct that training.
| 8 | | A person hired to serve as a court security officer must | 9 | | obtain from the
Board a certificate (i) attesting to his or her | 10 | | successful completion of the
training course; (ii) attesting to | 11 | | his or her satisfactory
completion of a training program of | 12 | | similar content and number of hours that
has been found | 13 | | acceptable by the Board under the provisions of this Act; or
| 14 | | (iii) attesting to the Board's determination that the training
| 15 | | course is unnecessary because of the person's extensive prior | 16 | | law enforcement
experience.
| 17 | | Individuals who currently serve as court security officers | 18 | | shall be deemed
qualified to continue to serve in that capacity | 19 | | so long as they are certified
as provided by this Act within 24 | 20 | | months of the effective date of this
amendatory Act of 1996. | 21 | | Failure to be so certified, absent a waiver from the
Board, | 22 | | shall cause the officer to forfeit his or her position.
| 23 | | All individuals hired as court security officers on or | 24 | | after the effective
date of this amendatory Act of 1996 shall | 25 | | be certified within 12 months of the
date of their hire, unless | 26 | | a waiver has been obtained by the Board, or they
shall forfeit |
| | | HB0105 | - 8 - | LRB099 00135 RLC 20135 b |
|
| 1 | | their positions.
| 2 | | The Sheriff's Merit Commission, if one exists, or the | 3 | | Sheriff's Office if
there is no Sheriff's Merit Commission, | 4 | | shall maintain a list of all
individuals who have filed | 5 | | applications to become court security officers and
who meet the | 6 | | eligibility requirements established under this Act. Either
| 7 | | the Sheriff's Merit Commission, or the Sheriff's Office if no | 8 | | Sheriff's Merit
Commission exists, shall establish a schedule | 9 | | of reasonable intervals for
verification of the applicants' | 10 | | qualifications under
this Act and as established by the Board.
| 11 | | (Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; 98-49, | 12 | | eff. 7-1-13; 98-358, eff. 1-1-14; 98-463, eff. 8-16-13; 98-756, | 13 | | eff. 7-16-14.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
|
|