Full Text of HB2766 101st General Assembly
HB2766enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning first responders.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | Office of the Statewide 9-1-1 Administrator, and other local or | 18 | | county agency comprised of county probation officers, | 19 | | corrections employees, or 9-1-1 telecommunicators or emergency | 20 | | medical dispatchers. | 21 | | "Peer support advisor" means an employee, approved by the | 22 | | law enforcement agency or the emergency provider, who | 23 | | voluntarily provides confidential support and assistance to |
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| 1 | | fellow employees experiencing personal or professional | 2 | | problems. An emergency services provider or law enforcement | 3 | | agency shall provide peer support advisors with an appropriate | 4 | | level of training in counseling to provide emotional and moral | 5 | | support. | 6 | | "Peer support counseling program" means a program | 7 | | established by an emergency services provider, a law | 8 | | enforcement agency, or collective bargaining organization to | 9 | | train employees to serve as peer support advisors to conduct | 10 | | peer support counseling sessions. | 11 | | "Peer support counseling session" means communication with | 12 | | a peer support advisor designated by an emergency services | 13 | | provider or law enforcement agency. A peer support counseling | 14 | | session is accomplished primarily through listening, | 15 | | assessing, assisting with problem-solving, making referrals to | 16 | | a professional when necessary and conducting follow-up as | 17 | | needed. | 18 | | "Public safety personnel" means any employee of a law | 19 | | enforcement agency. | 20 | | Section 10. Establishment of peer support program; | 21 | | applicability. Any emergency services provider, law | 22 | | enforcement agency, or collective bargaining organization that | 23 | | creates a peer support program is subject to this Act. An | 24 | | emergency services provider, law enforcement agency, or | 25 | | collective bargaining organization shall ensure that peer |
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| 1 | | support advisors receive
appropriate training in counseling to | 2 | | conduct peer support counseling sessions. Emergency services | 3 | | personnel and public safety
personnel may refer any person to a
| 4 | | peer support advisor within the emergency services
provider or | 5 | | law enforcement agency, or if those services are
not available | 6 | | within the agency, to another
peer support counseling program | 7 | | that is available and approved by the emergency services | 8 | | provider or law enforcement agency. Notwithstanding any other | 9 | | provision of this Act, public safety personnel may not mandate | 10 | | that any employee participate in a peer support counseling | 11 | | program. | 12 | | Section 20. Confidentiality; exemptions. | 13 | | (a) Any communication made by an employee of an emergency | 14 | | services provider or law enforcement agency or peer support | 15 | | advisor in a peer support counseling session and any
oral or | 16 | | written information conveyed in the peer support counseling | 17 | | session is confidential and may not be disclosed by any person | 18 | | participating in the peer support counseling session
and shall | 19 | | not be released to any person or entity.
| 20 | | (b) Any communication relating to a peer support counseling
| 21 | | session made confidential under this Section that is made | 22 | | between peer support advisors and the supervisors or staff of a | 23 | | peer support counseling program, or between the supervisor or | 24 | | staff of a peer support counseling program, is confidential and | 25 | | may not be disclosed. |
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| 1 | | (c) This Section does not prohibit any communications | 2 | | between counselors who conduct peer support counseling | 3 | | sessions or any communications between counselors and the | 4 | | supervisors or staff of a peer support counseling program. | 5 | | (c-5) Any communication described in subsection (a) or (b)
| 6 | | is subject to subpoena for good cause shown. | 7 | | (d) This Section does not apply to: | 8 | | (1) any threat of suicide or homicide made by a | 9 | | participant in a peer support counseling session or any | 10 | | information conveyed in a peer support counseling session | 11 | | related to a threat of suicide or homicide; | 12 | | (2) any information mandated by law or agency policy to | 13 | | be reported, including, but not limited to, domestic | 14 | | violence, child abuse or neglect, or elder abuse or | 15 | | neglect; | 16 | | (3) any admission of criminal conduct; or | 17 | | (4) an admission or act of refusal to perform duties to | 18 | | protect others or the employee of the emergency services | 19 | | provider or law enforcement agency. | 20 | | (e) All communications, notes, records, and reports | 21 | | arising out of a peer support counseling session are not | 22 | | subject to disclosure under Section 7.5 of the Freedom of | 23 | | Information Act. | 24 | | (e-5) A department that establishes a peer support | 25 | | counseling program shall develop a policy or rule that imposes | 26 | | disciplinary measures against a peer support advisor who |
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| 1 | | violates the confidentiality of the peer support counseling | 2 | | program by sharing information learned in a peer support | 3 | | counseling session with department personnel who are not | 4 | | supervisors or staff of the peer support counseling program, | 5 | | unless the information is related to the exemptions in | 6 | | subsection (d). | 7 | | (f) A cause of action exists for public safety personnel or | 8 | | emergency services personnel if the emergency services | 9 | | provider or law enforcement agency uses confidential | 10 | | information obtained during a confidential peer support | 11 | | counseling session conducted by a law enforcement agency or by | 12 | | an emergency services provider for an adverse employment action | 13 | | against the participant. | 14 | | Section 25. Judicial proceedings. Any oral communication
| 15 | | or written information made or conveyed by a participant or | 16 | | peer support advisor
in a peer support counseling session is | 17 | | not admissible in any judicial
proceeding, arbitration | 18 | | proceeding, or other adjudicatory
proceeding, except to the | 19 | | extent necessary
to enforce subsection (f) of Section 20. | 20 | | Section 30. First Responders Suicide Task Force. | 21 | | (a) The First Responders Suicide Task Force is created to | 22 | | pursue recommendations to help reduce the risk and rates of | 23 | | suicide among first responders, along with developing a | 24 | | mechanism to help reduce the risk and rates of suicide among |
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| 1 | | first responders. The Task Force shall be composed of the | 2 | | following members: | 3 | | (1) the Director of State Police or his or her | 4 | | designee; | 5 | | (2)the Director of Public Health or his or her | 6 | | designee; | 7 | | (3) 2 members of the House of Representatives appointed | 8 | | by the Speaker of the House of Representatives, one of whom | 9 | | shall serve as co-chair; | 10 | | (4) 2 members of the House of Representatives appointed | 11 | | by the Minority Leader of the House of Representatives; | 12 | | (5) 2 members of the Senate appointed by the President | 13 | | of the Senate, one of whom shall serve as co-chair; | 14 | | (6) 2 members of the Senate appointed by the Minority | 15 | | Leader of the Senate; | 16 | | (7) 2 members who represent 2 different mental health | 17 | | organizations, one appointed by the Minority Leader of the | 18 | | House of Representatives and one appointed by the Minority | 19 | | Leader of the Senate; | 20 | | (8) one member who represents an organization that | 21 | | advocates on behalf of police appointed by the Speaker of | 22 | | the House of Representatives; | 23 | | (9) one member who represents the Chicago Police | 24 | | Department appointed by the Minority Leader of the House of | 25 | | Representatives; | 26 | | (10) 2 members who represent organizations that |
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| 1 | | advocate on behalf of firefighters appointed by the | 2 | | President of the Senate; | 3 | | (11) one member who represents the Chicago Fire | 4 | | Department appointed by the Minority Leader of the Senate; | 5 | | and | 6 | | (12) one member who represents an organization that | 7 | | advocates on behalf of sheriffs in the State of Illinois | 8 | | appointed by the President of the Senate.
| 9 | | (b) Members of the Task Force shall be appointed within 30 | 10 | | days after the effective date of this Act and shall serve | 11 | | without compensation. The Task Force shall begin meeting no | 12 | | later than 30 days after all members have been appointed.
The | 13 | | Department of State Police shall provide administrative | 14 | | support for the Task Force, and if the subject matter is either | 15 | | sensitive or classified, the Task Force may hold its hearings | 16 | | in private. | 17 | | (c)
The Task Force shall issue a final report to the | 18 | | General Assembly on or December 31, 2020 and, one year after | 19 | | the filing of its report, is dissolved.
| 20 | | Section 35. Other provisions of law. Nothing in this Act | 21 | | limits or reduces any confidentiality protections or legal | 22 | | privileges that are otherwise provided by law or rule, | 23 | | including, but not limited to, local ordinance, State or | 24 | | federal law, or court rule.
Any confidentiality provision | 25 | | enacted by local ordinance on or after the effective date of |
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| 1 | | this Act may not diminish the protections enumerated in this | 2 | | Act. | 3 | | Section 105. The Freedom of Information Act is amended by | 4 | | changing Section 7.5 as follows: | 5 | | (5 ILCS 140/7.5) | 6 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 7 | | by the statutes referenced below, the following shall be exempt | 8 | | from inspection and copying: | 9 | | (a) All information determined to be confidential | 10 | | under Section 4002 of the Technology Advancement and | 11 | | Development Act. | 12 | | (b) Library circulation and order records identifying | 13 | | library users with specific materials under the Library | 14 | | Records Confidentiality Act. | 15 | | (c) Applications, related documents, and medical | 16 | | records received by the Experimental Organ Transplantation | 17 | | Procedures Board and any and all documents or other records | 18 | | prepared by the Experimental Organ Transplantation | 19 | | Procedures Board or its staff relating to applications it | 20 | | has received. | 21 | | (d) Information and records held by the Department of | 22 | | Public Health and its authorized representatives relating | 23 | | to known or suspected cases of sexually transmissible | 24 | | disease or any information the disclosure of which is |
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| 1 | | restricted under the Illinois Sexually Transmissible | 2 | | Disease Control Act. | 3 | | (e) Information the disclosure of which is exempted | 4 | | under Section 30 of the Radon Industry Licensing Act. | 5 | | (f) Firm performance evaluations under Section 55 of | 6 | | the Architectural, Engineering, and Land Surveying | 7 | | Qualifications Based Selection Act. | 8 | | (g) Information the disclosure of which is restricted | 9 | | and exempted under Section 50 of the Illinois Prepaid | 10 | | Tuition Act. | 11 | | (h) Information the disclosure of which is exempted | 12 | | under the State Officials and Employees Ethics Act, and | 13 | | records of any lawfully created State or local inspector | 14 | | general's office that would be exempt if created or | 15 | | obtained by an Executive Inspector General's office under | 16 | | that Act. | 17 | | (i) Information contained in a local emergency energy | 18 | | plan submitted to a municipality in accordance with a local | 19 | | emergency energy plan ordinance that is adopted under | 20 | | Section 11-21.5-5 of the Illinois Municipal Code. | 21 | | (j) Information and data concerning the distribution | 22 | | of surcharge moneys collected and remitted by carriers | 23 | | under the Emergency Telephone System Act. | 24 | | (k) Law enforcement officer identification information | 25 | | or driver identification information compiled by a law | 26 | | enforcement agency or the Department of Transportation |
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| 1 | | under Section 11-212 of the Illinois Vehicle Code. | 2 | | (l) Records and information provided to a residential | 3 | | health care facility resident sexual assault and death | 4 | | review team or the Executive Council under the Abuse | 5 | | Prevention Review Team Act. | 6 | | (m) Information provided to the predatory lending | 7 | | database created pursuant to Article 3 of the Residential | 8 | | Real Property Disclosure Act, except to the extent | 9 | | authorized under that Article. | 10 | | (n) Defense budgets and petitions for certification of | 11 | | compensation and expenses for court appointed trial | 12 | | counsel as provided under Sections 10 and 15 of the Capital | 13 | | Crimes Litigation Act. This subsection (n) shall apply | 14 | | until the conclusion of the trial of the case, even if the | 15 | | prosecution chooses not to pursue the death penalty prior | 16 | | to trial or sentencing. | 17 | | (o) Information that is prohibited from being | 18 | | disclosed under Section 4 of the Illinois Health and | 19 | | Hazardous Substances Registry Act. | 20 | | (p) Security portions of system safety program plans, | 21 | | investigation reports, surveys, schedules, lists, data, or | 22 | | information compiled, collected, or prepared by or for the | 23 | | Regional Transportation Authority under Section 2.11 of | 24 | | the Regional Transportation Authority Act or the St. Clair | 25 | | County Transit District under the Bi-State Transit Safety | 26 | | Act. |
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| 1 | | (q) Information prohibited from being disclosed by the | 2 | | Personnel Record Records Review Act. | 3 | | (r) Information prohibited from being disclosed by the | 4 | | Illinois School Student Records Act. | 5 | | (s) Information the disclosure of which is restricted | 6 | | under Section 5-108 of the Public Utilities Act.
| 7 | | (t) All identified or deidentified health information | 8 | | in the form of health data or medical records contained in, | 9 | | stored in, submitted to, transferred by, or released from | 10 | | the Illinois Health Information Exchange, and identified | 11 | | or deidentified health information in the form of health | 12 | | data and medical records of the Illinois Health Information | 13 | | Exchange in the possession of the Illinois Health | 14 | | Information Exchange Authority due to its administration | 15 | | of the Illinois Health Information Exchange. The terms | 16 | | "identified" and "deidentified" shall be given the same | 17 | | meaning as in the Health Insurance Portability and | 18 | | Accountability Act of 1996, Public Law 104-191, or any | 19 | | subsequent amendments thereto, and any regulations | 20 | | promulgated thereunder. | 21 | | (u) Records and information provided to an independent | 22 | | team of experts under the Developmental Disability and | 23 | | Mental Health Safety Act (also known as Brian's Law ) . | 24 | | (v) Names and information of people who have applied | 25 | | for or received Firearm Owner's Identification Cards under | 26 | | the Firearm Owners Identification Card Act or applied for |
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| 1 | | or received a concealed carry license under the Firearm | 2 | | Concealed Carry Act, unless otherwise authorized by the | 3 | | Firearm Concealed Carry Act; and databases under the | 4 | | Firearm Concealed Carry Act, records of the Concealed Carry | 5 | | Licensing Review Board under the Firearm Concealed Carry | 6 | | Act, and law enforcement agency objections under the | 7 | | Firearm Concealed Carry Act. | 8 | | (w) Personally identifiable information which is | 9 | | exempted from disclosure under subsection (g) of Section | 10 | | 19.1 of the Toll Highway Act. | 11 | | (x) Information which is exempted from disclosure | 12 | | under Section 5-1014.3 of the Counties Code or Section | 13 | | 8-11-21 of the Illinois Municipal Code. | 14 | | (y) Confidential information under the Adult | 15 | | Protective Services Act and its predecessor enabling | 16 | | statute, the Elder Abuse and Neglect Act, including | 17 | | information about the identity and administrative finding | 18 | | against any caregiver of a verified and substantiated | 19 | | decision of abuse, neglect, or financial exploitation of an | 20 | | eligible adult maintained in the Registry established | 21 | | under Section 7.5 of the Adult Protective Services Act. | 22 | | (z) Records and information provided to a fatality | 23 | | review team or the Illinois Fatality Review Team Advisory | 24 | | Council under Section 15 of the Adult Protective Services | 25 | | Act. | 26 | | (aa) Information which is exempted from disclosure |
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| 1 | | under Section 2.37 of the Wildlife Code. | 2 | | (bb) Information which is or was prohibited from | 3 | | disclosure by the Juvenile Court Act of 1987. | 4 | | (cc) Recordings made under the Law Enforcement | 5 | | Officer-Worn Body Camera Act, except to the extent | 6 | | authorized under that Act. | 7 | | (dd) Information that is prohibited from being | 8 | | disclosed under Section 45 of the Condominium and Common | 9 | | Interest Community Ombudsperson Act. | 10 | | (ee) Information that is exempted from disclosure | 11 | | under Section 30.1 of the Pharmacy Practice Act. | 12 | | (ff) Information that is exempted from disclosure | 13 | | under the Revised Uniform Unclaimed Property Act. | 14 | | (gg) Information that is prohibited from being | 15 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 16 | | Code. | 17 | | (hh) Records that are exempt from disclosure under | 18 | | Section 1A-16.7 of the Election Code. | 19 | | (ii) Information which is exempted from disclosure | 20 | | under Section 2505-800 of the Department of Revenue Law of | 21 | | the Civil Administrative Code of Illinois. | 22 | | (jj) Information and reports that are required to be | 23 | | submitted to the Department of Labor by registering day and | 24 | | temporary labor service agencies but are exempt from | 25 | | disclosure under subsection (a-1) of Section 45 of the Day | 26 | | and Temporary Labor Services Act. |
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| 1 | | (kk) Information prohibited from disclosure under the | 2 | | Seizure and Forfeiture Reporting Act. | 3 | | (ll) Information the disclosure of which is restricted | 4 | | and exempted under Section 5-30.8 of the Illinois Public | 5 | | Aid Code. | 6 | | (mm) (ll) Records that are exempt from disclosure under | 7 | | Section 4.2 of the Crime Victims Compensation Act. | 8 | | (nn) (ll) Information that is exempt from disclosure | 9 | | under Section 70 of the Higher Education Student Assistance | 10 | | Act. | 11 | | (oo) Communications, notes, records, and reports | 12 | | arising out of a peer support counseling session prohibited | 13 | | from disclosure under the First Responders Suicide | 14 | | Prevention Act. | 15 | | (pp) Names and all identifying information relating to | 16 | | an employee of an emergency services provider or law | 17 | | enforcement agency under the First Responders Suicide | 18 | | Prevention Act. | 19 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 20 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 21 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 22 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 23 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 24 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 25 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised | 26 | | 10-12-18.) |
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| 1 | | Section 110. The Department of State Police Law of the
| 2 | | Civil Administrative Code of Illinois is amended by adding | 3 | | Section 2605-610 as follows: | 4 | | (20 ILCS 2605/2605-610 new) | 5 | | Sec. 2605-610. Possession of a Firearm Owner's | 6 | | Identification Card. The Department shall not make possession | 7 | | of a Firearm Owner's Identification Card a condition of | 8 | | continued employment if the State Police officer's Firearm | 9 | | Owner's Identification Card is revoked or seized because the | 10 | | State Police officer has been a patient of a mental health | 11 | | facility and the State Police officer has not been determined | 12 | | to pose a clear and present danger to himself, herself, or | 13 | | others as determined by a physician, clinical psychologist, or | 14 | | qualified examiner. Nothing is this Section shall otherwise | 15 | | impair an employer's ability to determine a State Police | 16 | | officer's fitness for duty. A collective bargaining agreement | 17 | | already in effect on this issue on the effective date of this | 18 | | amendatory Act of the 101st General Assembly cannot be | 19 | | modified, but on or after the effective date of this amendatory | 20 | | Act of the 101st General Assembly, the employer cannot require | 21 | | a Firearm Owner's Identification Card as a condition of | 22 | | continued employment in a collective bargaining agreement. The | 23 | | employer shall document if and why a State Police officer has | 24 | | been determined to pose a clear and present danger. |
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| 1 | | Section 115. The Illinois Police Training Act is amended by | 2 | | changing Section 7 as follows:
| 3 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
| 4 | | Sec. 7. Rules and standards for schools. The Board shall | 5 | | adopt rules and
minimum standards for such schools which shall | 6 | | include, but not be limited to,
the following:
| 7 | | a. The curriculum for probationary police officers | 8 | | which shall be
offered by all certified schools shall | 9 | | include, but not be limited to,
courses of procedural | 10 | | justice, arrest and use and control tactics, search and | 11 | | seizure, including temporary questioning, civil rights, | 12 | | human rights, human relations,
cultural competency, | 13 | | including implicit bias and racial and ethnic sensitivity,
| 14 | | criminal law, law of criminal procedure, constitutional | 15 | | and proper use of law enforcement authority, vehicle and | 16 | | traffic law including
uniform and non-discriminatory | 17 | | enforcement of the Illinois Vehicle Code,
traffic control | 18 | | and accident investigation, techniques of obtaining
| 19 | | physical evidence, court testimonies, statements, reports, | 20 | | firearms
training, training in the use of electronic | 21 | | control devices, including the psychological and | 22 | | physiological effects of the use of those devices on | 23 | | humans, first-aid (including cardiopulmonary | 24 | | resuscitation), training in the administration of opioid |
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| 1 | | antagonists as defined in paragraph (1) of subsection (e) | 2 | | of Section 5-23 of the Substance Use Disorder Act, handling | 3 | | of
juvenile offenders, recognition of
mental conditions | 4 | | and crises, including, but not limited to, the disease of | 5 | | addiction, which require immediate assistance and response | 6 | | and methods to
safeguard and provide assistance to a person | 7 | | in need of mental
treatment, recognition of abuse, neglect, | 8 | | financial exploitation, and self-neglect of adults with | 9 | | disabilities and older adults, as defined in Section 2 of | 10 | | the Adult Protective Services Act, crimes against the | 11 | | elderly, law of evidence, the hazards of high-speed police | 12 | | vehicle
chases with an emphasis on alternatives to the | 13 | | high-speed chase, and
physical training. The curriculum | 14 | | shall include specific training in
techniques for | 15 | | immediate response to and investigation of cases of | 16 | | domestic
violence and of sexual assault of adults and | 17 | | children, including cultural perceptions and common myths | 18 | | of sexual assault and sexual abuse as well as interview | 19 | | techniques that are age sensitive and are trauma informed, | 20 | | victim centered, and victim sensitive. The curriculum | 21 | | shall include
training in techniques designed to promote | 22 | | effective
communication at the initial contact with crime | 23 | | victims and ways to comprehensively
explain to victims and | 24 | | witnesses their rights under the Rights
of Crime Victims | 25 | | and Witnesses Act and the Crime
Victims Compensation Act. | 26 | | The curriculum shall also include training in effective |
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| 1 | | recognition of and responses to stress, trauma, and | 2 | | post-traumatic stress experienced by police officers that | 3 | | is consistent with Section 25 of the Illinois Mental Health | 4 | | First Aid Training Act in a peer setting . The curriculum | 5 | | shall also include a block of instruction aimed at | 6 | | identifying and interacting with persons with autism and | 7 | | other developmental or physical disabilities, reducing | 8 | | barriers to reporting crimes against persons with autism, | 9 | | and addressing the unique challenges presented by cases | 10 | | involving victims or witnesses with autism and other | 11 | | developmental disabilities. The curriculum for
permanent | 12 | | police officers shall include, but not be limited to: (1) | 13 | | refresher
and in-service training in any of the courses | 14 | | listed above in this
subparagraph, (2) advanced courses in | 15 | | any of the subjects listed above in
this subparagraph, (3) | 16 | | training for supervisory personnel, and (4)
specialized | 17 | | training in subjects and fields to be selected by the | 18 | | board. The training in the use of electronic control | 19 | | devices shall be conducted for probationary police | 20 | | officers, including University police officers.
| 21 | | b. Minimum courses of study, attendance requirements | 22 | | and equipment
requirements.
| 23 | | c. Minimum requirements for instructors.
| 24 | | d. Minimum basic training requirements, which a | 25 | | probationary police
officer must satisfactorily complete | 26 | | before being eligible for permanent
employment as a local |
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| 1 | | law enforcement officer for a participating local
| 2 | | governmental agency. Those requirements shall include | 3 | | training in first aid
(including cardiopulmonary | 4 | | resuscitation).
| 5 | | e. Minimum basic training requirements, which a | 6 | | probationary county
corrections officer must | 7 | | satisfactorily complete before being eligible for
| 8 | | permanent employment as a county corrections officer for a | 9 | | participating
local 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 | 13 | | a court security officer for a participating local
| 14 | | governmental agency. The Board shall
establish those | 15 | | training requirements which it considers appropriate for | 16 | | court
security officers and shall certify schools to | 17 | | conduct that training.
| 18 | | A person hired to serve as a court security officer | 19 | | must obtain from the
Board a certificate (i) attesting to | 20 | | his or her successful completion of the
training course; | 21 | | (ii) attesting to his or her satisfactory
completion of a | 22 | | training program of similar content and number of hours | 23 | | that
has been found acceptable by the Board under the | 24 | | provisions of this Act; or
(iii) attesting to the Board's | 25 | | determination that the training
course is unnecessary | 26 | | because of the person's extensive prior law enforcement
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| 1 | | experience.
| 2 | | Individuals who currently serve as court security | 3 | | officers shall be deemed
qualified to continue to serve in | 4 | | that capacity so long as they are certified
as provided by | 5 | | this Act within 24 months of June 1, 1997 (the effective | 6 | | date of Public Act 89-685). Failure to be so certified, | 7 | | absent a waiver from the
Board, shall cause the officer to | 8 | | forfeit his or her position.
| 9 | | All individuals hired as court security officers on or | 10 | | after June 1, 1997 (the effective
date of Public Act | 11 | | 89-685) shall be certified within 12 months of the
date of | 12 | | their hire, unless a waiver has been obtained by the Board, | 13 | | or they
shall forfeit their positions.
| 14 | | The Sheriff's Merit Commission, if one exists, or the | 15 | | Sheriff's Office if
there is no Sheriff's Merit Commission, | 16 | | shall maintain a list of all
individuals who have filed | 17 | | applications to become court security officers and
who meet | 18 | | the eligibility requirements established under this Act. | 19 | | Either
the Sheriff's Merit Commission, or the Sheriff's | 20 | | Office if no Sheriff's Merit
Commission exists, shall | 21 | | establish a schedule of reasonable intervals for
| 22 | | verification of the applicants' qualifications under
this | 23 | | Act and as established by the Board.
| 24 | | g. Minimum in-service training requirements, which a | 25 | | police officer must satisfactorily complete every 3 years. | 26 | | Those requirements shall include constitutional and proper |
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| 1 | | use of law enforcement authority, procedural justice, | 2 | | civil rights, human rights, mental health awareness and | 3 | | response, and cultural competency. | 4 | | h. Minimum in-service training requirements, which a | 5 | | police officer must satisfactorily complete at least | 6 | | annually. Those requirements shall include law updates and | 7 | | use of force training which shall include scenario based | 8 | | training, or similar training approved by the Board. | 9 | | (Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, | 10 | | eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18; | 11 | | 100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff. | 12 | | 8-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
| 13 | | Section 117. The Uniform Peace Officers' Disciplinary Act | 14 | | is amended by changing Section 7.2 as follows: | 15 | | (50 ILCS 725/7.2) | 16 | | Sec. 7.2. Possession of a Firearm Owner's Identification | 17 | | Card. An employer of an officer shall not make possession of a | 18 | | Firearm Owner's Identification Card a condition of continued | 19 | | employment if the officer's Firearm Owner's Identification | 20 | | Card is revoked or seized because the officer has been a | 21 | | patient of a mental health facility and the officer has not | 22 | | been determined to pose a clear and present danger to himself, | 23 | | herself, or others as determined by a physician, clinical | 24 | | psychologist, or qualified examiner. Nothing is this Section |
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| 1 | | shall otherwise impair an employer's ability to determine an | 2 | | officer's fitness for duty. On and after the effective date of | 3 | | this amendatory Act of the 100th General Assembly, Section 6 of | 4 | | this Act shall not apply to the prohibition requiring a Firearm | 5 | | Owner's Identification Card as a condition of continued | 6 | | employment, but a collective bargaining agreement already in | 7 | | effect on that issue on the effective date of this amendatory | 8 | | Act of the 100th General Assembly cannot be modified. The | 9 | | employer shall document if and why an officer has been | 10 | | determined to pose a clear and present danger.
| 11 | | (Source: P.A. 100-911, eff. 8-17-18.) | 12 | | Section 120. The Illinois Fire Protection Training Act is | 13 | | amended by changing Section 8 as follows:
| 14 | | (50 ILCS 740/8) (from Ch. 85, par. 538)
| 15 | | Sec. 8. Rules and minimum standards for schools. The Office
| 16 | | shall adopt rules and minimum standards for such
schools which | 17 | | shall include but not be limited to the following:
| 18 | | a. Minimum courses of study, resources, facilities, | 19 | | apparatus,
equipment, reference material, established | 20 | | records and procedures as
determined by the Office.
| 21 | | b. Minimum requirements for instructors.
| 22 | | c. Minimum basic training requirements, which a | 23 | | trainee must
satisfactorily complete before being eligible | 24 | | for permanent employment
as a firefighter fire fighter in |
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| 1 | | the fire department of a participating local
governmental | 2 | | agency.
Those requirements shall include training in first | 3 | | aid (including
cardiopulmonary resuscitation) and training | 4 | | in the administration of opioid antagonists as defined in | 5 | | paragraph (1) of subsection (e) of Section 5-23 of the | 6 | | Substance Use Disorder Act.
| 7 | | d. Training in effective recognition of and responses | 8 | | to stress, trauma, and post-traumatic stress experienced | 9 | | by firefighters that is consistent with Section 25 of the | 10 | | Illinois Mental Health First Aid Training Act in a peer | 11 | | setting. | 12 | | (Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19 .)
| 13 | | Section 130. The Counties Code is amended by adding Section | 14 | | 3-6012.2 as follows: | 15 | | (55 ILCS 5/3-6012.2 new) | 16 | | Sec. 3-6012.2. Mental health specialists; sheriff's | 17 | | offices. Sheriff's offices shall ensure
that mental health | 18 | | resources, including counselors or therapists,
are available | 19 | | to each sheriff's office's employees, whether through
direct | 20 | | employment by that office, contract employment,
or other means. | 21 | | Section 135. The Illinois Municipal Code is amended by | 22 | | adding Sections 11-1-14 and 11-6-11 as follows: |
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| 1 | | (65 ILCS 5/11-1-14 new) | 2 | | Sec. 11-1-14. Mental health specialists; police. The
| 3 | | corporate authorities of each municipality which has
| 4 | | established a police department shall ensure
that mental health | 5 | | resources, including counselors or therapists,
are available | 6 | | to that police department's employees, whether through
direct | 7 | | employment by that department, contract employment,
or other | 8 | | means. | 9 | | (65 ILCS 5/11-6-11 new) | 10 | | Sec. 11-6-11. Mental health specialists; fire. The
| 11 | | corporate authorities of each municipality which has
| 12 | | established firefighting services shall ensure
that mental | 13 | | health resources, including counselors or therapists,
are | 14 | | available to that fire department's employees, whether through
| 15 | | direct employment by that department, contract employment,
or | 16 | | other means.
| 17 | | Section 999. Effective date. This Act takes effect upon | 18 | | becoming law.
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