Illinois General Assembly - Full Text of HB5203
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Full Text of HB5203  100th General Assembly


Rep. William Davis

Filed: 4/23/2018





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2    AMENDMENT NO. ______. Amend House Bill 5203, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 1. This Act may be referred to as Kayla's Law.
6    Section 5. The Illinois Police Training Act is amended by
7changing Sections 7 and 10.21 as follows:
8    (50 ILCS 705/7)  (from Ch. 85, par. 507)
9    Sec. 7. Rules and standards for schools. The Board shall
10adopt rules and minimum standards for such schools which shall
11include, but not be limited to, the following:
12        a. The curriculum for probationary police officers
13    which shall be offered by all certified schools shall
14    include, but not be limited to, courses of procedural
15    justice, arrest and use and control tactics, search and



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1    seizure, including temporary questioning, civil rights,
2    human rights, human relations, cultural competency,
3    including implicit bias and racial and ethnic sensitivity,
4    criminal law, law of criminal procedure, constitutional
5    and proper use of law enforcement authority, vehicle and
6    traffic law including uniform and non-discriminatory
7    enforcement of the Illinois Vehicle Code, traffic control
8    and accident investigation, techniques of obtaining
9    physical evidence, court testimonies, statements, reports,
10    firearms training, training in the use of electronic
11    control devices, including the psychological and
12    physiological effects of the use of those devices on
13    humans, first-aid (including cardiopulmonary
14    resuscitation), training in the administration of opioid
15    antagonists as defined in paragraph (1) of subsection (e)
16    of Section 5-23 of the Alcoholism and Other Drug Abuse and
17    Dependency Act, handling of juvenile offenders,
18    recognition of mental conditions and crises, including,
19    but not limited to, the disease of addiction, which require
20    immediate assistance and response and methods to safeguard
21    and provide assistance to a person in need of mental
22    treatment, recognition of abuse, neglect, financial
23    exploitation, and self-neglect of adults with disabilities
24    and older adults, as defined in Section 2 of the Adult
25    Protective Services Act, crimes against the elderly, law of
26    evidence, the hazards of high-speed police vehicle chases



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1    with an emphasis on alternatives to the high-speed chase,
2    and physical training. The curriculum shall include
3    specific training in techniques for immediate response to
4    and investigation of cases of domestic violence and of
5    sexual assault of adults and children, including cultural
6    perceptions and common myths of sexual assault and sexual
7    abuse as well as interview techniques that are age
8    sensitive and are trauma informed, victim centered, and
9    victim sensitive. The curriculum shall include training in
10    techniques designed to promote effective communication at
11    the initial contact with crime victims and ways to
12    comprehensively explain to victims and witnesses their
13    rights under the Rights of Crime Victims and Witnesses Act
14    and the Crime Victims Compensation Act. The curriculum
15    shall also include training in effective recognition of and
16    responses to stress, trauma, and post-traumatic stress
17    experienced by police officers. The curriculum shall also
18    include a block of instruction aimed at identifying and
19    interacting with persons with autism and other
20    developmental or physical disabilities, reducing barriers
21    to reporting crimes against persons with autism, and
22    addressing the unique challenges presented by cases
23    involving victims or witnesses with autism and other
24    developmental disabilities. The curriculum for permanent
25    police officers shall include, but not be limited to: (1)
26    refresher and in-service training in any of the courses



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1    listed above in this subparagraph, (2) advanced courses in
2    any of the subjects listed above in this subparagraph, (3)
3    training for supervisory personnel, and (4) specialized
4    training in subjects and fields to be selected by the
5    board. The training in the use of electronic control
6    devices shall be conducted for probationary police
7    officers, including University police officers.
8        b. Minimum courses of study, attendance requirements
9    and equipment requirements.
10        c. Minimum requirements for instructors.
11        d. Minimum basic training requirements, which a
12    probationary police officer must satisfactorily complete
13    before being eligible for permanent employment as a local
14    law enforcement officer for a participating local
15    governmental agency. Those requirements shall include
16    training in first aid (including cardiopulmonary
17    resuscitation).
18        e. Minimum basic training requirements, which a
19    probationary county corrections officer must
20    satisfactorily complete before being eligible for
21    permanent employment as a county corrections officer for a
22    participating local governmental agency.
23        f. Minimum basic training requirements which a
24    probationary court security officer must satisfactorily
25    complete before being eligible for permanent employment as
26    a court security officer for a participating local



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1    governmental agency. The Board shall establish those
2    training requirements which it considers appropriate for
3    court security officers and shall certify schools to
4    conduct that training.
5        A person hired to serve as a court security officer
6    must obtain from the Board a certificate (i) attesting to
7    his or her successful completion of the training course;
8    (ii) attesting to his or her satisfactory completion of a
9    training program of similar content and number of hours
10    that has been found acceptable by the Board under the
11    provisions of this Act; or (iii) attesting to the Board's
12    determination that the training course is unnecessary
13    because of the person's extensive prior law enforcement
14    experience.
15        Individuals who currently serve as court security
16    officers shall be deemed qualified to continue to serve in
17    that capacity so long as they are certified as provided by
18    this Act within 24 months of June 1, 1997 (the effective
19    date of Public Act 89-685). Failure to be so certified,
20    absent a waiver from the Board, shall cause the officer to
21    forfeit his or her position.
22        All individuals hired as court security officers on or
23    after June 1, 1997 (the effective date of Public Act
24    89-685) this amendatory Act of 1996 shall be certified
25    within 12 months of the date of their hire, unless a waiver
26    has been obtained by the Board, or they shall forfeit their



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1    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
6    the eligibility requirements established under this Act.
7    Either the Sheriff's Merit Commission, or the Sheriff's
8    Office if no Sheriff's Merit Commission exists, shall
9    establish a schedule of reasonable intervals for
10    verification of the applicants' qualifications under this
11    Act and as established by the Board.
12        g. Minimum in-service training requirements, which a
13    police officer must satisfactorily complete every 3 years.
14    Those requirements shall include constitutional and proper
15    use of law enforcement authority, procedural justice,
16    civil rights, human rights, mental health awareness and
17    response, and cultural competency.
18        h. Minimum in-service training requirements, which a
19    police officer must satisfactorily complete at least
20    annually. Those requirements shall include law updates and
21    use of force training which shall include scenario based
22    training, or similar training approved by the Board.
23(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
24eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
25100-247, eff. 1-1-18; revised 10-3-17.)



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1    (50 ILCS 705/10.21)
2    Sec. 10.21. Training; sexual assault and sexual abuse.
3    (a) The Illinois Law Enforcement Training Standards Board
4shall conduct or approve training programs in trauma-informed
5responses and investigations of sexual assault and sexual
6abuse, which include, but is not limited to, the following:
7        (1) recognizing the symptoms of trauma;
8        (2) understanding the role trauma has played in a
9    victim's life;
10        (3) responding to the needs and concerns of a victim;
11        (4) delivering services in a compassionate, sensitive,
12    and nonjudgmental manner;
13        (5) interviewing techniques in accordance with the
14    curriculum standards in subsection (f) of this Section;
15        (6) understanding cultural perceptions and common
16    myths of sexual assault and sexual abuse; and
17        (7) report writing techniques in accordance with the
18    curriculum standards in subsection (f) of this Section; and
19        (8) recognizing special sensitivities of victims due
20    to: age, including those under the age of 13; gender; or
21    other qualifications.
22    (b) This training must be presented in all full and
23part-time basic law enforcement academies on or before July 1,
25    (c) Agencies employing law enforcement officers must
26present this training to all law enforcement officers within 3



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1years after January 1, 2017 (the effective date of Public Act
299-801) and must present in-service training on sexual assault
3and sexual abuse response and report writing training
4requirements every 3 years.
5    (d) Agencies employing law enforcement officers who
6conduct sexual assault and sexual abuse investigations must
7provide specialized training to these officers on sexual
8assault and sexual abuse investigations within 2 years after
9January 1, 2017 (the effective date of Public Act 99-801) and
10must present in-service training on sexual assault and sexual
11abuse investigations to these officers every 3 years.
12    (e) Instructors providing this training shall have
13successfully completed training on evidence-based,
14trauma-informed, victim-centered response to cases of sexual
15assault and sexual abuse and have experience responding to
16sexual assault and sexual abuse cases.
17    (f) The Board shall adopt rules, in consultation with the
18Office of the Illinois Attorney General and the Department of
19State Police, to determine the specific training requirements
20for these courses, including, but not limited to, the
22        (1) evidence-based curriculum standards for report
23    writing and immediate response to sexual assault and sexual
24    abuse, including trauma-informed, victim-centered, age
25    sensitive, interview techniques, which have been
26    demonstrated to minimize retraumatization, for



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1    probationary police officers and all law enforcement
2    officers; and
3        (2) evidence-based curriculum standards for
4    trauma-informed, victim-centered, age sensitive
5    investigation and interviewing techniques, which have been
6    demonstrated to minimize retraumatization, for cases of
7    sexual assault and sexual abuse for law enforcement
8    officers who conduct sexual assault and sexual abuse
9    investigations.
10(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
11    Section 10. The Sexual Assault Incident Procedure Act is
12amended by changing Section 15 as follows:
13    (725 ILCS 203/15)
14    Sec. 15. Sexual assault incident policies.
15    (a) On or before January 1, 2018, every law enforcement
16agency shall develop, adopt, and implement written policies
17regarding procedures for incidents of sexual assault or sexual
18abuse consistent with the guidelines developed under
19subsection (b) of this Section. In developing these policies,
20each law enforcement agency is encouraged to consult with other
21law enforcement agencies, sexual assault advocates, and sexual
22assault nurse examiners with expertise in recognizing and
23handling sexual assault and sexual abuse incidents. These
24policies must include mandatory sexual assault and sexual abuse



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1response training as required in Section 10.21 of the Illinois
2Police Training Act and Sections 2605-53 and 2605-98 of the
3Department of State Police Law of the Civil Administrative Code
4of Illinois.
5    (a-5) On or before January 1, 2021, every law enforcement
6agency shall revise and implement its written policies
7regarding procedures for incidents of sexual assault or sexual
8abuse consistent with the guideline revisions developed under
9subsection (b-5) of this Section.
10    (b) On or before July 1, 2017, the Office of the Attorney
11General, in consultation with the Illinois Law Enforcement
12Training Standards Board and the Department of State Police,
13shall develop and make available to each law enforcement
14agency, comprehensive guidelines for creation of a law
15enforcement agency policy on evidence-based, trauma-informed,
16victim-centered sexual assault and sexual abuse response and
18    These guidelines shall include, but not be limited to the
20        (1) dispatcher or call taker response;
21        (2) responding officer duties;
22        (3) duties of officers investigating sexual assaults
23    and sexual abuse;
24        (4) supervisor duties;
25        (5) report writing;
26        (6) reporting methods;



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1        (7) victim interviews;
2        (8) evidence collection;
3        (9) sexual assault medical forensic examinations;
4        (10) suspect interviews;
5        (11) suspect forensic exams;
6        (12) witness interviews;
7        (13) sexual assault response and resource teams, if
8    applicable;
9        (14) working with victim advocates;
10        (15) working with prosecutors;
11        (16) victims' rights;
12        (17) victim notification; and
13        (18) consideration for specific populations or
14    communities.
15    (b-5) On or before January 1, 2020, the Office of the
16Attorney General, in consultation with the Illinois Law
17Enforcement Training Standards Board and the Department of
18State Police, shall revise the comprehensive guidelines
19developed under subsection (b) to include responding to victims
20who are under 13 years of age at the time the sexual assault or
21sexual abuse occurred.
22(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)".