HB5203 EngrossedLRB100 18699 RLC 33931 b

1    AN ACT concerning law enforcement training.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. This Act may be referred to as Kayla's Law.
 
5    Section 5. The Illinois Police Training Act is amended by
6changing Sections 7 and 10.21 as follows:
 
7    (50 ILCS 705/7)  (from Ch. 85, par. 507)
8    Sec. 7. Rules and standards for schools. The Board shall
9adopt rules and minimum standards for such schools which shall
10include, but not be limited to, the following:
11        a. The curriculum for probationary police officers
12    which shall be offered by all certified schools shall
13    include, but not be limited to, courses of procedural
14    justice, arrest and use and control tactics, search and
15    seizure, including temporary questioning, civil rights,
16    human rights, human relations, cultural competency,
17    including implicit bias and racial and ethnic sensitivity,
18    criminal law, law of criminal procedure, constitutional
19    and proper use of law enforcement authority, vehicle and
20    traffic law including uniform and non-discriminatory
21    enforcement of the Illinois Vehicle Code, traffic control
22    and accident investigation, techniques of obtaining

 

 

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1    physical evidence, court testimonies, statements, reports,
2    firearms training, training in the use of electronic
3    control devices, including the psychological and
4    physiological effects of the use of those devices on
5    humans, first-aid (including cardiopulmonary
6    resuscitation), training in the administration of opioid
7    antagonists as defined in paragraph (1) of subsection (e)
8    of Section 5-23 of the Alcoholism and Other Drug Abuse and
9    Dependency Act, handling of juvenile offenders,
10    recognition of mental conditions and crises, including,
11    but not limited to, the disease of addiction, which require
12    immediate assistance and response and methods to safeguard
13    and provide assistance to a person in need of mental
14    treatment, recognition of abuse, neglect, financial
15    exploitation, and self-neglect of adults with disabilities
16    and older adults, as defined in Section 2 of the Adult
17    Protective Services Act, crimes against the elderly, law of
18    evidence, the hazards of high-speed police vehicle chases
19    with an emphasis on alternatives to the high-speed chase,
20    and physical training. The curriculum shall include
21    specific training in techniques for immediate response to
22    and investigation of cases of domestic violence and of
23    sexual assault of adults and children, including cultural
24    perceptions and common myths of sexual assault and sexual
25    abuse as well as interview techniques that are age
26    sensitive and are trauma informed, victim centered, and

 

 

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1    victim sensitive. The curriculum shall include training in
2    techniques designed to promote effective communication at
3    the initial contact with crime victims and ways to
4    comprehensively explain to victims and witnesses their
5    rights under the Rights of Crime Victims and Witnesses Act
6    and the Crime Victims Compensation Act. The curriculum
7    shall also include training in effective recognition of and
8    responses to stress, trauma, and post-traumatic stress
9    experienced by police officers. The curriculum shall also
10    include a block of instruction aimed at identifying and
11    interacting with persons with autism and other
12    developmental or physical disabilities, reducing barriers
13    to reporting crimes against persons with autism, and
14    addressing the unique challenges presented by cases
15    involving victims or witnesses with autism and other
16    developmental disabilities. The curriculum for permanent
17    police officers shall include, but not be limited to: (1)
18    refresher and in-service training in any of the courses
19    listed above in this subparagraph, (2) advanced courses in
20    any of the subjects listed above in this subparagraph, (3)
21    training for supervisory personnel, and (4) specialized
22    training in subjects and fields to be selected by the
23    board. The training in the use of electronic control
24    devices shall be conducted for probationary police
25    officers, including University police officers.
26        b. Minimum courses of study, attendance requirements

 

 

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1    and equipment requirements.
2        c. Minimum requirements for instructors.
3        d. Minimum basic training requirements, which a
4    probationary police officer must satisfactorily complete
5    before being eligible for permanent employment as a local
6    law enforcement officer for a participating local
7    governmental agency. Those requirements shall include
8    training in first aid (including cardiopulmonary
9    resuscitation).
10        e. Minimum basic training requirements, which a
11    probationary county corrections officer must
12    satisfactorily complete before being eligible for
13    permanent employment as a county corrections officer for a
14    participating local governmental agency.
15        f. Minimum basic training requirements which a
16    probationary court security officer must satisfactorily
17    complete before being eligible for permanent employment as
18    a court security officer for a participating local
19    governmental agency. The Board shall establish those
20    training requirements which it considers appropriate for
21    court security officers and shall certify schools to
22    conduct that training.
23        A person hired to serve as a court security officer
24    must obtain from the Board a certificate (i) attesting to
25    his or her successful completion of the training course;
26    (ii) attesting to his or her satisfactory completion of a

 

 

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1    training program of similar content and number of hours
2    that has been found acceptable by the Board under the
3    provisions of this Act; or (iii) attesting to the Board's
4    determination that the training course is unnecessary
5    because of the person's extensive prior law enforcement
6    experience.
7        Individuals who currently serve as court security
8    officers shall be deemed qualified to continue to serve in
9    that capacity so long as they are certified as provided by
10    this Act within 24 months of June 1, 1997 (the effective
11    date of Public Act 89-685). Failure to be so certified,
12    absent a waiver from the Board, shall cause the officer to
13    forfeit his or her position.
14        All individuals hired as court security officers on or
15    after June 1, 1997 (the effective date of Public Act
16    89-685) this amendatory Act of 1996 shall be certified
17    within 12 months of the date of their hire, unless a waiver
18    has been obtained by the Board, or they shall forfeit their
19    positions.
20        The Sheriff's Merit Commission, if one exists, or the
21    Sheriff's Office if there is no Sheriff's Merit Commission,
22    shall maintain a list of all individuals who have filed
23    applications to become court security officers and who meet
24    the eligibility requirements established under this Act.
25    Either the Sheriff's Merit Commission, or the Sheriff's
26    Office if no Sheriff's Merit Commission exists, shall

 

 

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1    establish a schedule of reasonable intervals for
2    verification of the applicants' qualifications under this
3    Act and as established by the Board.
4        g. Minimum in-service training requirements, which a
5    police officer must satisfactorily complete every 3 years.
6    Those requirements shall include constitutional and proper
7    use of law enforcement authority, procedural justice,
8    civil rights, human rights, mental health awareness and
9    response, and cultural competency.
10        h. Minimum in-service training requirements, which a
11    police officer must satisfactorily complete at least
12    annually. Those requirements shall include law updates and
13    use of force training which shall include scenario based
14    training, or similar training approved by the Board.
15(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
16eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
17100-247, eff. 1-1-18; revised 10-3-17.)
 
18    (50 ILCS 705/10.21)
19    Sec. 10.21. Training; sexual assault and sexual abuse.
20    (a) The Illinois Law Enforcement Training Standards Board
21shall conduct or approve training programs in trauma-informed
22responses and investigations of sexual assault and sexual
23abuse, which include, but is not limited to, the following:
24        (1) recognizing the symptoms of trauma;
25        (2) understanding the role trauma has played in a

 

 

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1    victim's life;
2        (3) responding to the needs and concerns of a victim;
3        (4) delivering services in a compassionate, sensitive,
4    and nonjudgmental manner;
5        (5) interviewing techniques in accordance with the
6    curriculum standards in subsection (f) of this Section;
7        (6) understanding cultural perceptions and common
8    myths of sexual assault and sexual abuse; and
9        (7) report writing techniques in accordance with the
10    curriculum standards in subsection (f) of this Section; and
11        (8) recognizing special sensitivities of victims due
12    to: age, including those under the age of 13; gender; or
13    other qualifications.
14    (b) This training must be presented in all full and
15part-time basic law enforcement academies on or before July 1,
162018.
17    (c) Agencies employing law enforcement officers must
18present this training to all law enforcement officers within 3
19years after January 1, 2017 (the effective date of Public Act
2099-801) and must present in-service training on sexual assault
21and sexual abuse response and report writing training
22requirements every 3 years.
23    (d) Agencies employing law enforcement officers who
24conduct sexual assault and sexual abuse investigations must
25provide specialized training to these officers on sexual
26assault and sexual abuse investigations within 2 years after

 

 

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

 

 

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1    investigations.
2(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
3    Section 10. The Sexual Assault Incident Procedure Act is
4amended by changing Section 15 as follows:
 
5    (725 ILCS 203/15)
6    Sec. 15. Sexual assault incident policies.
7    (a) On or before January 1, 2018, every law enforcement
8agency shall develop, adopt, and implement written policies
9regarding procedures for incidents of sexual assault or sexual
10abuse consistent with the guidelines developed under
11subsection (b) of this Section. In developing these policies,
12each law enforcement agency is encouraged to consult with other
13law enforcement agencies, sexual assault advocates, and sexual
14assault nurse examiners with expertise in recognizing and
15handling sexual assault and sexual abuse incidents. These
16policies must include mandatory sexual assault and sexual abuse
17response training as required in Section 10.21 of the Illinois
18Police Training Act and Sections 2605-53 and 2605-98 of the
19Department of State Police Law of the Civil Administrative Code
20of Illinois.
21    (a-5) On or before January 1, 2021, every law enforcement
22agency shall revise and implement its written policies
23regarding procedures for incidents of sexual assault or sexual
24abuse consistent with the guideline revisions developed under

 

 

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1subsection (b-5) of this Section.
2    (b) On or before July 1, 2017, the Office of the Attorney
3General, in consultation with the Illinois Law Enforcement
4Training Standards Board and the Department of State Police,
5shall develop and make available to each law enforcement
6agency, comprehensive guidelines for creation of a law
7enforcement agency policy on evidence-based, trauma-informed,
8victim-centered sexual assault and sexual abuse response and
9investigation.
10    These guidelines shall include, but not be limited to the
11following:
12        (1) dispatcher or call taker response;
13        (2) responding officer duties;
14        (3) duties of officers investigating sexual assaults
15    and sexual abuse;
16        (4) supervisor duties;
17        (5) report writing;
18        (6) reporting methods;
19        (7) victim interviews;
20        (8) evidence collection;
21        (9) sexual assault medical forensic examinations;
22        (10) suspect interviews;
23        (11) suspect forensic exams;
24        (12) witness interviews;
25        (13) sexual assault response and resource teams, if
26    applicable;

 

 

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