HB2766 EngrossedLRB101 09370 SLF 54468 b

1    AN ACT concerning first responders.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the First
5Responders Suicide Prevention Act.
 
6    Section 5. Definitions. In this Act:
7    "Emergency services provider" means any public employer
8that employs persons to provide firefighting services.
9    "Emergency services personnel" means any employee of an
10emergency services provider who is engaged in providing fire
11fighting services.
12    "Employee assistance program" means a program established
13by a law enforcement agency, emergency services provider,
14union, or other entity providing counseling support,
15referrals, information, or other social services to public
16safety personnel or emergency services personnel.
17    "Law enforcement agency" means any county sheriff,
18municipal police department, police department established by
19a university, Department of State Police, Department of
20Corrections, Department of Children and Family Services,
21Division of Probation Services of the Supreme Court, the Office
22of the Statewide 9-1-1 Administrator, and other local or county
23agency comprised of county probation officers, corrections

 

 

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1employees, or 9-1-1 telecommunicators or emergency medical
2dispatchers.
3    "Peer support counseling session" means communication with
4a counselor through an employee assistance program or a trained
5peer support counselor designated by the emergency services
6provider or law enforcement agency.
7    "Public safety personnel" means any employee of a law
8enforcement agency.
 
9    Section 10. Establishment of employee assistance program;
10applicability. An emergency services provider, law enforcement
11agency, union, or other entity providing counseling support,
12referrals, information, or other social services to public
13safety personnel or emergency services personnel that creates
14an employee assistance program is subject to this Act. This Act
15also applies to peer support counseling sessions conducted by
16an employee or other person who: (1) has been designated by a
17law enforcement agency or emergency services provider or by an
18employee assistance program to act as a counselor; and (2) has
19received training in counseling to provide emotional and moral
20support to public safety personnel or emergency services
21personnel who have been involved in emotionally traumatic
22incidents by reason of their employment that may affect their
23ability to execute their respective duties. An emergency
24services provider or law enforcement agency shall give
25appropriate training in counseling to provide emotional and

 

 

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1moral support to persons designated as a peer support
2counselor. Emergency services personnel and public safety
3personnel may refer any person to an employee assistance
4program or peer support counselor within the emergency services
5provider or law enforcement agency, or if those services are
6not available within the agency, to another employee assistance
7program or peer support counseling program that is available.
 
8    Section 20. Confidentiality; exemptions.
9    (a) Any communication made by a participant or counselor in
10a peer support counseling session conducted by a law
11enforcement agency or by an emergency services provider for
12public safety personnel or emergency services personnel and any
13oral or written information conveyed in the peer support
14counseling session is confidential and may not be disclosed by
15any person participating in the peer support counseling session
16and shall not be released to any person or entity.
17    (b) Any communication relating to a peer support counseling
18session made confidential under this Section that is made
19between counselors, between counselors and the supervisors or
20staff of an employee assistance program, or between the
21supervisor or staff of an employee assistance program, is
22confidential and may not be disclosed.
23    (c) This Section does not prohibit any communications
24between counselors who conduct peer support counseling
25sessions or any communications between counselors and the

 

 

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1supervisors or staff of an employee assistance program.
2    (c-5) Any communication described in subsection (a) or (b)
3is subject to subpoena.
4    (d) This Section does not apply to:
5        (1) any threat of suicide or homicide made by a
6    participant in a peer counseling session or any information
7    conveyed in a peer support counseling session related to a
8    threat of suicide or homicide;
9        (2) any information relating to the abuse of children
10    or of the elderly or other information that is required to
11    be reported by law; or
12        (3) any admission of criminal conduct.
13    (e) All communications, notes, records, and reports
14arising out of a peer support counseling session are not
15subject to disclosure under Section 7.5 of the Freedom of
16Information Act.
17    (f) A cause of action exists for public safety personnel or
18emergency services personnel if the emergency services
19provider or law enforcement agency uses confidential
20information obtained during a confidential peer support
21counseling session conducted by a law enforcement agency or by
22an emergency services provider for an adverse employment action
23against the participant.
 
24    Section 25. Judicial proceedings. Any oral communication
25or written information made or conveyed by a participant or

 

 

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1counselor in a peer support session, including an employee
2assistance program, is not admissible in any judicial
3proceeding, arbitration proceeding, or other adjudicatory
4proceeding, except to the extent necessary in an action
5described in subsection (f) of Section 20.
 
6    Section 105. The Freedom of Information Act is amended by
7changing Section 7.5 as follows:
 
8    (5 ILCS 140/7.5)
9    Sec. 7.5. Statutory exemptions. To the extent provided for
10by the statutes referenced below, the following shall be exempt
11from inspection and copying:
12        (a) All information determined to be confidential
13    under Section 4002 of the Technology Advancement and
14    Development Act.
15        (b) Library circulation and order records identifying
16    library users with specific materials under the Library
17    Records Confidentiality Act.
18        (c) Applications, related documents, and medical
19    records received by the Experimental Organ Transplantation
20    Procedures Board and any and all documents or other records
21    prepared by the Experimental Organ Transplantation
22    Procedures Board or its staff relating to applications it
23    has received.
24        (d) Information and records held by the Department of

 

 

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1    Public Health and its authorized representatives relating
2    to known or suspected cases of sexually transmissible
3    disease or any information the disclosure of which is
4    restricted under the Illinois Sexually Transmissible
5    Disease Control Act.
6        (e) Information the disclosure of which is exempted
7    under Section 30 of the Radon Industry Licensing Act.
8        (f) Firm performance evaluations under Section 55 of
9    the Architectural, Engineering, and Land Surveying
10    Qualifications Based Selection Act.
11        (g) Information the disclosure of which is restricted
12    and exempted under Section 50 of the Illinois Prepaid
13    Tuition Act.
14        (h) Information the disclosure of which is exempted
15    under the State Officials and Employees Ethics Act, and
16    records of any lawfully created State or local inspector
17    general's office that would be exempt if created or
18    obtained by an Executive Inspector General's office under
19    that Act.
20        (i) Information contained in a local emergency energy
21    plan submitted to a municipality in accordance with a local
22    emergency energy plan ordinance that is adopted under
23    Section 11-21.5-5 of the Illinois Municipal Code.
24        (j) Information and data concerning the distribution
25    of surcharge moneys collected and remitted by carriers
26    under the Emergency Telephone System Act.

 

 

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1        (k) Law enforcement officer identification information
2    or driver identification information compiled by a law
3    enforcement agency or the Department of Transportation
4    under Section 11-212 of the Illinois Vehicle Code.
5        (l) Records and information provided to a residential
6    health care facility resident sexual assault and death
7    review team or the Executive Council under the Abuse
8    Prevention Review Team Act.
9        (m) Information provided to the predatory lending
10    database created pursuant to Article 3 of the Residential
11    Real Property Disclosure Act, except to the extent
12    authorized under that Article.
13        (n) Defense budgets and petitions for certification of
14    compensation and expenses for court appointed trial
15    counsel as provided under Sections 10 and 15 of the Capital
16    Crimes Litigation Act. This subsection (n) shall apply
17    until the conclusion of the trial of the case, even if the
18    prosecution chooses not to pursue the death penalty prior
19    to trial or sentencing.
20        (o) Information that is prohibited from being
21    disclosed under Section 4 of the Illinois Health and
22    Hazardous Substances Registry Act.
23        (p) Security portions of system safety program plans,
24    investigation reports, surveys, schedules, lists, data, or
25    information compiled, collected, or prepared by or for the
26    Regional Transportation Authority under Section 2.11 of

 

 

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1    the Regional Transportation Authority Act or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Record Records Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained in,
12    stored in, submitted to, transferred by, or released from
13    the Illinois Health Information Exchange, and identified
14    or deidentified health information in the form of health
15    data and medical records of the Illinois Health Information
16    Exchange in the possession of the Illinois Health
17    Information Exchange Authority due to its administration
18    of the Illinois Health Information Exchange. The terms
19    "identified" and "deidentified" shall be given the same
20    meaning as in the Health Insurance Portability and
21    Accountability Act of 1996, Public Law 104-191, or any
22    subsequent amendments thereto, and any regulations
23    promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under the Developmental Disability and
26    Mental Health Safety Act (also known as Brian's Law).

 

 

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1        (v) Names and information of people who have applied
2    for or received Firearm Owner's Identification Cards under
3    the Firearm Owners Identification Card Act or applied for
4    or received a concealed carry license under the Firearm
5    Concealed Carry Act, unless otherwise authorized by the
6    Firearm Concealed Carry Act; and databases under the
7    Firearm Concealed Carry Act, records of the Concealed Carry
8    Licensing Review Board under the Firearm Concealed Carry
9    Act, and law enforcement agency objections under the
10    Firearm Concealed Carry Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of an
23    eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory

 

 

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1    Council under Section 15 of the Adult Protective Services
2    Act.
3        (aa) Information which is exempted from disclosure
4    under Section 2.37 of the Wildlife Code.
5        (bb) Information which is or was prohibited from
6    disclosure by the Juvenile Court Act of 1987.
7        (cc) Recordings made under the Law Enforcement
8    Officer-Worn Body Camera Act, except to the extent
9    authorized under that Act.
10        (dd) Information that is prohibited from being
11    disclosed under Section 45 of the Condominium and Common
12    Interest Community Ombudsperson Act.
13        (ee) Information that is exempted from disclosure
14    under Section 30.1 of the Pharmacy Practice Act.
15        (ff) Information that is exempted from disclosure
16    under the Revised Uniform Unclaimed Property Act.
17        (gg) Information that is prohibited from being
18    disclosed under Section 7-603.5 of the Illinois Vehicle
19    Code.
20        (hh) Records that are exempt from disclosure under
21    Section 1A-16.7 of the Election Code.
22        (ii) Information which is exempted from disclosure
23    under Section 2505-800 of the Department of Revenue Law of
24    the Civil Administrative Code of Illinois.
25        (jj) Information and reports that are required to be
26    submitted to the Department of Labor by registering day and

 

 

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1    temporary labor service agencies but are exempt from
2    disclosure under subsection (a-1) of Section 45 of the Day
3    and Temporary Labor Services Act.
4        (kk) Information prohibited from disclosure under the
5    Seizure and Forfeiture Reporting Act.
6        (ll) Information the disclosure of which is restricted
7    and exempted under Section 5-30.8 of the Illinois Public
8    Aid Code.
9        (mm) (ll) Records that are exempt from disclosure under
10    Section 4.2 of the Crime Victims Compensation Act.
11        (nn) (ll) Information that is exempt from disclosure
12    under Section 70 of the Higher Education Student Assistance
13    Act.
14        (oo) Communications, notes, records, and reports
15    arising out of a peer support counseling session prohibited
16    from disclosure under the First Responders Suicide
17    Prevention Act.
18(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
19eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
2099-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
21100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
228-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
23eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
24100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
2510-12-18.)
 

 

 

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1    Section 107. The Department of Natural Resources Act is
2amended by adding Section 1-31 as follows:
 
3    (20 ILCS 801/1-31 new)
4    Sec. 1-31. Possession of a Firearm Owner's Identification
5Card. The Department shall not make possession of a Firearm
6Owner's Identification Card a condition of continued
7employment if the Conservation Police officer's Firearm
8Owner's Identification Card is revoked or seized because the
9Conservation Police officer has been a patient of a mental
10health facility and the Conservation Police officer has not
11been determined to pose a clear and present danger to himself,
12herself, or others as determined by a physician, clinical
13psychologist, or qualified examiner. Nothing is this Section
14shall otherwise impair an employer's ability to determine a
15Conservation Police officer's fitness for duty. A collective
16bargaining agreement already in effect on this issue on the
17effective date of this amendatory Act of the 101st General
18Assembly cannot be modified, but on or after the effective date
19of this amendatory Act of the 101st General Assembly, the
20employer cannot require a Firearm Owner's Identification Card
21as a condition of continued employment in a collective
22bargaining agreement. The employer shall document if and why a
23Conservation Police officer has been determined to pose a clear
24and present danger.
 

 

 

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1    Section 110. The Department of State Police Law of the
2Civil Administrative Code of Illinois is amended by adding
3Section 2605-610 as follows:
 
4    (20 ILCS 2605/2605-610 new)
5    Sec. 2605-610. Possession of a Firearm Owner's
6Identification Card. The Department shall not make possession
7of a Firearm Owner's Identification Card a condition of
8continued employment if the State Police officer's Firearm
9Owner's Identification Card is revoked or seized because the
10State Police officer has been a patient of a mental health
11facility and the State Police officer has not been determined
12to pose a clear and present danger to himself, herself, or
13others as determined by a physician, clinical psychologist, or
14qualified examiner. Nothing is this Section shall otherwise
15impair an employer's ability to determine a State Police
16officer's fitness for duty. A collective bargaining agreement
17already in effect on this issue on the effective date of this
18amendatory Act of the 101st General Assembly cannot be
19modified, but on or after the effective date of this amendatory
20Act of the 101st General Assembly, the employer cannot require
21a Firearm Owner's Identification Card as a condition of
22continued employment in a collective bargaining agreement. The
23employer shall document if and why a State Police officer has
24been determined to pose a clear and present danger.
 

 

 

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1    Section 115. The Illinois Police Training Act is amended by
2changing 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
5adopt rules and minimum standards for such schools which shall
6include, 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
25    antagonists as defined in paragraph (1) of subsection (e)

 

 

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1    of Section 5-23 of the Substance Use Disorder Act, handling
2    of juvenile offenders, recognition of mental conditions
3    and crises, including, but not limited to, the disease of
4    addiction, which require immediate assistance and response
5    and methods to safeguard and provide assistance to a person
6    in need of mental treatment, recognition of abuse, neglect,
7    financial exploitation, and self-neglect of adults with
8    disabilities and older adults, as defined in Section 2 of
9    the Adult Protective Services Act, crimes against the
10    elderly, law of evidence, the hazards of high-speed police
11    vehicle chases with an emphasis on alternatives to the
12    high-speed chase, and physical training. The curriculum
13    shall include specific training in techniques for
14    immediate response to and investigation of cases of
15    domestic violence and of sexual assault of adults and
16    children, including cultural perceptions and common myths
17    of sexual assault and sexual abuse as well as interview
18    techniques that are age sensitive and are trauma informed,
19    victim centered, and victim sensitive. The curriculum
20    shall include training in techniques designed to promote
21    effective communication at the initial contact with crime
22    victims and ways to comprehensively explain to victims and
23    witnesses their rights under the Rights of Crime Victims
24    and Witnesses Act and the Crime Victims Compensation Act.
25    The curriculum shall also include training in effective
26    recognition of and responses to stress, trauma, and

 

 

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1    post-traumatic stress experienced by police officers that
2    is consistent with Section 25 of the Illinois Mental Health
3    First Aid Training Act in a peer setting. The curriculum
4    shall also include a block of instruction aimed at
5    identifying and interacting with persons with autism and
6    other developmental or physical disabilities, reducing
7    barriers to reporting crimes against persons with autism,
8    and addressing the unique challenges presented by cases
9    involving victims or witnesses with autism and other
10    developmental disabilities. The curriculum for permanent
11    police officers shall include, but not be limited to: (1)
12    refresher and in-service training in any of the courses
13    listed above in this subparagraph, (2) advanced courses in
14    any of the subjects listed above in this subparagraph, (3)
15    training for supervisory personnel, and (4) specialized
16    training in subjects and fields to be selected by the
17    board. The training in the use of electronic control
18    devices shall be conducted for probationary police
19    officers, including University police officers.
20        b. Minimum courses of study, attendance requirements
21    and equipment requirements.
22        c. Minimum requirements for instructors.
23        d. Minimum basic training requirements, which a
24    probationary police officer must satisfactorily complete
25    before being eligible for permanent employment as a local
26    law enforcement officer for a participating local

 

 

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

 

 

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1        Individuals who currently serve as court security
2    officers shall be deemed qualified to continue to serve in
3    that capacity so long as they are certified as provided by
4    this Act within 24 months of June 1, 1997 (the effective
5    date of Public Act 89-685). Failure to be so certified,
6    absent a waiver from the Board, shall cause the officer to
7    forfeit his or her position.
8        All individuals hired as court security officers on or
9    after June 1, 1997 (the effective date of Public Act
10    89-685) shall be certified within 12 months of the date of
11    their hire, unless a waiver has been obtained by the Board,
12    or they shall forfeit their positions.
13        The Sheriff's Merit Commission, if one exists, or the
14    Sheriff's Office if there is no Sheriff's Merit Commission,
15    shall maintain a list of all individuals who have filed
16    applications to become court security officers and who meet
17    the eligibility requirements established under this Act.
18    Either the Sheriff's Merit Commission, or the Sheriff's
19    Office if no Sheriff's Merit Commission exists, shall
20    establish a schedule of reasonable intervals for
21    verification of the applicants' qualifications under this
22    Act and as established by the Board.
23        g. Minimum in-service training requirements, which a
24    police officer must satisfactorily complete every 3 years.
25    Those requirements shall include constitutional and proper
26    use of law enforcement authority, procedural justice,

 

 

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1    civil rights, human rights, mental health awareness and
2    response, and cultural competency.
3        h. Minimum in-service training requirements, which a
4    police officer must satisfactorily complete at least
5    annually. Those requirements shall include law updates and
6    use of force training which shall include scenario based
7    training, or similar training approved by the Board.
8(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
9eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
10100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.
118-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
 
12    Section 117. The Uniform Peace Officers' Disciplinary Act
13is amended by changing Section 7.2 as follows:
 
14    (50 ILCS 725/7.2)
15    Sec. 7.2. Possession of a Firearm Owner's Identification
16Card. An employer of an officer shall not make possession of a
17Firearm Owner's Identification Card a condition of continued
18employment if the officer's Firearm Owner's Identification
19Card is revoked or seized because the officer has been a
20patient of a mental health facility and the officer has not
21been determined to pose a clear and present danger to himself,
22herself, or others as determined by a physician, clinical
23psychologist, or qualified examiner. Nothing is this Section
24shall otherwise impair an employer's ability to determine an

 

 

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1officer's fitness for duty. On and after the effective date of
2this amendatory Act of the 100th General Assembly, Section 6 of
3this Act shall not apply to the prohibition requiring a Firearm
4Owner's Identification Card as a condition of continued
5employment, but a collective bargaining agreement already in
6effect on that issue on the effective date of this amendatory
7Act of the 100th General Assembly cannot be modified. The
8employer shall document if and why an officer has been
9determined to pose a clear and present danger.
10(Source: P.A. 100-911, eff. 8-17-18.)
 
11    Section 120. The Illinois Fire Protection Training Act is
12amended by changing Section 8 as follows:
 
13    (50 ILCS 740/8)  (from Ch. 85, par. 538)
14    Sec. 8. Rules and minimum standards for schools. The Office
15shall adopt rules and minimum standards for such schools which
16shall include but not be limited to the following:
17        a. Minimum courses of study, resources, facilities,
18    apparatus, equipment, reference material, established
19    records and procedures as determined by the Office.
20        b. Minimum requirements for instructors.
21        c. Minimum basic training requirements, which a
22    trainee must satisfactorily complete before being eligible
23    for permanent employment as a firefighter fire fighter in
24    the fire department of a participating local governmental

 

 

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1    agency. Those requirements shall include training in first
2    aid (including cardiopulmonary resuscitation) and training
3    in the administration of opioid antagonists as defined in
4    paragraph (1) of subsection (e) of Section 5-23 of the
5    Substance Use Disorder Act.
6        d. Training in effective recognition of and responses
7    to stress, trauma, and post-traumatic stress experienced
8    by firefighters that is consistent with Section 25 of the
9    Illinois Mental Health First Aid Training Act in a peer
10    setting.
11(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)
 
12    Section 130. The Counties Code is amended by adding
13Sections 3-6012.2 and 3-6050 as follows:
 
14    (55 ILCS 5/3-6012.2 new)
15    Sec. 3-6012.2. Mental health specialists; sheriff's
16offices. For every 1,000 persons a sheriff's office employs,
17that sheriff's office shall employ at least one mental health
18specialist.
 
19    (55 ILCS 5/3-6050 new)
20    Sec. 3-6050. Possession of a Firearm Owner's
21Identification Card. An employer of a law enforcement officer
22shall not make possession of a Firearm Owner's Identification
23Card a condition of continued employment if the law enforcement

 

 

HB2766 Engrossed- 22 -LRB101 09370 SLF 54468 b

1officer's Firearm Owner's Identification Card is revoked or
2seized because the law enforcement officer has been a patient
3of a mental health facility and the law enforcement officer has
4not been determined to pose a clear and present danger to
5himself, herself, or others as determined by a physician,
6clinical psychologist, or qualified examiner. Nothing is this
7Section shall otherwise impair an employer's ability to
8determine a law enforcement officer's fitness for duty. A
9collective bargaining agreement already in effect on this issue
10on the effective date of this amendatory Act of the 101st
11General Assembly cannot be modified, but on or after the
12effective date of this amendatory Act of the 101st General
13Assembly, the employer cannot require a Firearm Owner's
14Identification Card as a condition of continued employment in a
15collective bargaining agreement. The employer shall document
16if and why a law enforcement officer has been determined to
17pose a clear and present danger.
 
18    Section 135. The Illinois Municipal Code is amended by
19adding Sections 11-1-14 and 11-6-11 as follows:
 
20    (65 ILCS 5/11-1-14 new)
21    Sec. 11-1-14. Mental health specialists; police. The
22corporate authorities of each municipality which has
23established a police department shall require the employment of
24at least one mental health specialist for every 1,000 persons

 

 

HB2766 Engrossed- 23 -LRB101 09370 SLF 54468 b

1employed.
 
2    (65 ILCS 5/11-6-11 new)
3    Sec. 11-6-11. Mental health specialists; fire. The
4corporate authorities of each municipality which has
5established firefighting services shall require the employment
6of at least one mental health specialist for every 1,000
7persons employed.
 
8    Section 140. The Probation and Probation Officers Act is
9amended by adding Section 19 as follows:
 
10    (730 ILCS 110/19 new)
11    Sec. 19. Possession of a Firearm Owner's Identification
12Card. An employer of a probation officer shall not make
13possession of a Firearm Owner's Identification Card a condition
14of continued employment if the probation officer's Firearm
15Owner's Identification Card is revoked or seized because the
16probation officer has been a patient of a mental health
17facility and the officer has not been determined to pose a
18clear and present danger to himself, herself, or others as
19determined by a physician, clinical psychologist, or qualified
20examiner. Nothing is this Section shall otherwise impair an
21employer's ability to determine a probation officer's fitness
22for duty. A collective bargaining agreement already in effect
23on this issue on the effective date of this amendatory Act of

 

 

HB2766 Engrossed- 24 -LRB101 09370 SLF 54468 b

1the 101st General Assembly cannot be modified, but on or after
2the effective date of this amendatory Act of the 101st General
3Assembly, the employer cannot require a Firearm Owner's
4Identification Card as a condition of continued employment in a
5collective bargaining agreement. The employer shall document
6if and why a probation officer has been determined to pose a
7clear and present danger.
 
8    Section 999. Effective date. This Act takes effect upon
9becoming law.