Rep. Frances Ann Hurley

Filed: 3/27/2019

 

 


 

 


 
10100HB2766ham001LRB101 09370 SLF 58328 a

1
AMENDMENT TO HOUSE BILL 2766

2    AMENDMENT NO. ______. Amend House Bill 2766 by replacing
3everything after the enacting clause with the following:
 
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 fire fighting 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.

 

 

10100HB2766ham001- 2 -LRB101 09370 SLF 58328 a

1    "Law enforcement agency" means any county sheriff,
2municipal police department, police department established by
3a university, Department of State Police, Department of
4Corrections, Department of Children and Family Services,
5Division of Probation Services of the Supreme Court, the Office
6of the Statewide 9-1-1 Administrator, and other local or county
7agency comprised of county probation officers, corrections
8employees, or 9-1-1 telecommunicators or emergency medical
9dispatchers.
10    "Peer support counseling session" means communication with
11a counselor through an employee assistance program or a trained
12peer support counselor designated by the emergency services
13provider or law enforcement agency.
14    "Public safety personnel" means any employee of a law
15enforcement agency.
 
16    Section 10. Establishment of employee assistance program;
17applicability. An emergency services provider, law enforcement
18agency, union, or other entity providing counseling support,
19referrals, information, or other social services to public
20safety personnel or emergency services personnel that creates
21an employee assistance program is subject to this Act. This Act
22also applies to peer support counseling sessions conducted by
23an employee or other person who: (1) has been designated by a
24law enforcement agency or emergency services provider or by an
25employee assistance program to act as a counselor; and (2) has

 

 

10100HB2766ham001- 3 -LRB101 09370 SLF 58328 a

1received training in counseling to provide emotional and moral
2support to public safety personnel or emergency services
3personnel who have been involved in emotionally traumatic
4incidents by reason of their employment that may affect their
5ability to execute their respective duties. An emergency
6services provider or law enforcement agency shall give
7appropriate training in counseling to provide emotional and
8moral support to persons designated as a peer support
9counselor. Emergency services personnel and public safety
10personnel may refer any person to an employee assistance
11program or peer support counselor within the emergency services
12provider or law enforcement agency, or if those services are
13not available within the agency, to another employee assistance
14program or peer support counseling program that is available.
 
15    Section 20. Confidentiality; exemptions.
16    (a) Any communication made by a participant or counselor in
17a peer support counseling session conducted by a law
18enforcement agency or by an emergency services provider for
19public safety personnel or emergency services personnel and any
20oral or written information conveyed in the peer support
21counseling session is confidential and may not be disclosed by
22any person participating in the peer support counseling session
23and shall not be released to any person or entity.
24    (b) Any communication relating to a peer support counseling
25session made confidential under this Section that is made

 

 

10100HB2766ham001- 4 -LRB101 09370 SLF 58328 a

1between counselors, between counselors and the supervisors or
2staff of an employee assistance program, or between the
3supervisor or staff of an employee assistance program, is
4confidential and may not be disclosed.
5    (c) This Section does not prohibit any communications
6between counselors who conduct peer support counseling
7sessions or any communications between counselors and the
8supervisors or staff of an employee assistance program.
9    (d) This Section does not apply to:
10        (1) any threat of suicide or homicide made by a
11    participant in a peer counseling session or any information
12    conveyed in a peer support counseling session related to a
13    threat of suicide or homicide;
14        (2) any information relating to the abuse of children
15    or of the elderly or other information that is required to
16    be reported by law; or
17        (3) any admission of criminal conduct.
18    (e) All communications, notes, records, and reports
19arising out of a peer support counseling session are not
20subject to disclosure under Section 7.5 of the Freedom of
21Information Act.
22    (f) A cause of action exists for public safety personnel or
23emergency services personnel if the emergency services
24provider or law enforcement agency uses confidential
25information obtained during a confidential peer support
26counseling session conducted by a law enforcement agency or by

 

 

10100HB2766ham001- 5 -LRB101 09370 SLF 58328 a

1an emergency services provider for an adverse employment action
2against the participant.
 
3    Section 25. Judicial proceedings. Any oral communication
4or written information made or conveyed by a participant or
5counselor in a peer support session, including an employee
6assistance program, is not admissible in any judicial
7proceeding, arbitration proceeding, or other adjudicatory
8proceeding, except to the extent necessary in an action
9described in subsection (f) of Section 20.
 
10    Section 105. The Freedom of Information Act is amended by
11changing Section 7.5 as follows:
 
12    (5 ILCS 140/7.5)
13    Sec. 7.5. Statutory exemptions. To the extent provided for
14by the statutes referenced below, the following shall be exempt
15from inspection and copying:
16        (a) All information determined to be confidential
17    under Section 4002 of the Technology Advancement and
18    Development Act.
19        (b) Library circulation and order records identifying
20    library users with specific materials under the Library
21    Records Confidentiality Act.
22        (c) Applications, related documents, and medical
23    records received by the Experimental Organ Transplantation

 

 

10100HB2766ham001- 6 -LRB101 09370 SLF 58328 a

1    Procedures Board and any and all documents or other records
2    prepared by the Experimental Organ Transplantation
3    Procedures Board or its staff relating to applications it
4    has received.
5        (d) Information and records held by the Department of
6    Public Health and its authorized representatives relating
7    to known or suspected cases of sexually transmissible
8    disease or any information the disclosure of which is
9    restricted under the Illinois Sexually Transmissible
10    Disease Control Act.
11        (e) Information the disclosure of which is exempted
12    under Section 30 of the Radon Industry Licensing Act.
13        (f) Firm performance evaluations under Section 55 of
14    the Architectural, Engineering, and Land Surveying
15    Qualifications Based Selection Act.
16        (g) Information the disclosure of which is restricted
17    and exempted under Section 50 of the Illinois Prepaid
18    Tuition Act.
19        (h) Information the disclosure of which is exempted
20    under the State Officials and Employees Ethics Act, and
21    records of any lawfully created State or local inspector
22    general's office that would be exempt if created or
23    obtained by an Executive Inspector General's office under
24    that Act.
25        (i) Information contained in a local emergency energy
26    plan submitted to a municipality in accordance with a local

 

 

10100HB2766ham001- 7 -LRB101 09370 SLF 58328 a

1    emergency energy plan ordinance that is adopted under
2    Section 11-21.5-5 of the Illinois Municipal Code.
3        (j) Information and data concerning the distribution
4    of surcharge moneys collected and remitted by carriers
5    under the Emergency Telephone System Act.
6        (k) Law enforcement officer identification information
7    or driver identification information compiled by a law
8    enforcement agency or the Department of Transportation
9    under Section 11-212 of the Illinois Vehicle Code.
10        (l) Records and information provided to a residential
11    health care facility resident sexual assault and death
12    review team or the Executive Council under the Abuse
13    Prevention Review Team Act.
14        (m) Information provided to the predatory lending
15    database created pursuant to Article 3 of the Residential
16    Real Property Disclosure Act, except to the extent
17    authorized under that Article.
18        (n) Defense budgets and petitions for certification of
19    compensation and expenses for court appointed trial
20    counsel as provided under Sections 10 and 15 of the Capital
21    Crimes Litigation Act. This subsection (n) shall apply
22    until the conclusion of the trial of the case, even if the
23    prosecution chooses not to pursue the death penalty prior
24    to trial or sentencing.
25        (o) Information that is prohibited from being
26    disclosed under Section 4 of the Illinois Health and

 

 

10100HB2766ham001- 8 -LRB101 09370 SLF 58328 a

1    Hazardous Substances Registry Act.
2        (p) Security portions of system safety program plans,
3    investigation reports, surveys, schedules, lists, data, or
4    information compiled, collected, or prepared by or for the
5    Regional Transportation Authority under Section 2.11 of
6    the Regional Transportation Authority Act or the St. Clair
7    County Transit District under the Bi-State Transit Safety
8    Act.
9        (q) Information prohibited from being disclosed by the
10    Personnel Record Records Review Act.
11        (r) Information prohibited from being disclosed by the
12    Illinois School Student Records Act.
13        (s) Information the disclosure of which is restricted
14    under Section 5-108 of the Public Utilities Act.
15        (t) All identified or deidentified health information
16    in the form of health data or medical records contained in,
17    stored in, submitted to, transferred by, or released from
18    the Illinois Health Information Exchange, and identified
19    or deidentified health information in the form of health
20    data and medical records of the Illinois Health Information
21    Exchange in the possession of the Illinois Health
22    Information Exchange Authority due to its administration
23    of the Illinois Health Information Exchange. The terms
24    "identified" and "deidentified" shall be given the same
25    meaning as in the Health Insurance Portability and
26    Accountability Act of 1996, Public Law 104-191, or any

 

 

10100HB2766ham001- 9 -LRB101 09370 SLF 58328 a

1    subsequent amendments thereto, and any regulations
2    promulgated thereunder.
3        (u) Records and information provided to an independent
4    team of experts under the Developmental Disability and
5    Mental Health Safety Act (also known as Brian's Law).
6        (v) Names and information of people who have applied
7    for or received Firearm Owner's Identification Cards under
8    the Firearm Owners Identification Card Act or applied for
9    or received a concealed carry license under the Firearm
10    Concealed Carry Act, unless otherwise authorized by the
11    Firearm Concealed Carry Act; and databases under the
12    Firearm Concealed Carry Act, records of the Concealed Carry
13    Licensing Review Board under the Firearm Concealed Carry
14    Act, and law enforcement agency objections under the
15    Firearm Concealed Carry Act.
16        (w) Personally identifiable information which is
17    exempted from disclosure under subsection (g) of Section
18    19.1 of the Toll Highway Act.
19        (x) Information which is exempted from disclosure
20    under Section 5-1014.3 of the Counties Code or Section
21    8-11-21 of the Illinois Municipal Code.
22        (y) Confidential information under the Adult
23    Protective Services Act and its predecessor enabling
24    statute, the Elder Abuse and Neglect Act, including
25    information about the identity and administrative finding
26    against any caregiver of a verified and substantiated

 

 

10100HB2766ham001- 10 -LRB101 09370 SLF 58328 a

1    decision of abuse, neglect, or financial exploitation of an
2    eligible adult maintained in the Registry established
3    under Section 7.5 of the Adult Protective Services Act.
4        (z) Records and information provided to a fatality
5    review team or the Illinois Fatality Review Team Advisory
6    Council under Section 15 of the Adult Protective Services
7    Act.
8        (aa) Information which is exempted from disclosure
9    under Section 2.37 of the Wildlife Code.
10        (bb) Information which is or was prohibited from
11    disclosure by the Juvenile Court Act of 1987.
12        (cc) Recordings made under the Law Enforcement
13    Officer-Worn Body Camera Act, except to the extent
14    authorized under that Act.
15        (dd) Information that is prohibited from being
16    disclosed under Section 45 of the Condominium and Common
17    Interest Community Ombudsperson Act.
18        (ee) Information that is exempted from disclosure
19    under Section 30.1 of the Pharmacy Practice Act.
20        (ff) Information that is exempted from disclosure
21    under the Revised Uniform Unclaimed Property Act.
22        (gg) Information that is prohibited from being
23    disclosed under Section 7-603.5 of the Illinois Vehicle
24    Code.
25        (hh) Records that are exempt from disclosure under
26    Section 1A-16.7 of the Election Code.

 

 

10100HB2766ham001- 11 -LRB101 09370 SLF 58328 a

1        (ii) Information which is exempted from disclosure
2    under Section 2505-800 of the Department of Revenue Law of
3    the Civil Administrative Code of Illinois.
4        (jj) Information and reports that are required to be
5    submitted to the Department of Labor by registering day and
6    temporary labor service agencies but are exempt from
7    disclosure under subsection (a-1) of Section 45 of the Day
8    and Temporary Labor Services Act.
9        (kk) Information prohibited from disclosure under the
10    Seizure and Forfeiture Reporting Act.
11        (ll) Information the disclosure of which is restricted
12    and exempted under Section 5-30.8 of the Illinois Public
13    Aid Code.
14        (mm) (ll) Records that are exempt from disclosure under
15    Section 4.2 of the Crime Victims Compensation Act.
16        (nn) (ll) Information that is exempt from disclosure
17    under Section 70 of the Higher Education Student Assistance
18    Act.
19        (oo) Communications, notes, records, and reports
20    arising out of a peer support counseling session prohibited
21    from disclosure under the First Responders Suicide
22    Prevention Act.
23(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
24eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;
2599-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
26100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

 

 

10100HB2766ham001- 12 -LRB101 09370 SLF 58328 a

18-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
2eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
3100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
410-12-18.)
 
5    Section 107. The Department of Natural Resources Act is
6amended by adding Section 1-31 as follows:
 
7    (20 ILCS 801/1-31 new)
8    Sec. 1-31. Possession of a Firearm Owner's Identification
9Card. The Department shall not make possession of a Firearm
10Owner's Identification Card a condition of continued
11employment if the Conservation Police officer's Firearm
12Owner's Identification Card is revoked or seized because the
13Conservation Police officer has been a patient of a mental
14health facility and the Conservation Police officer has not
15been determined to pose a clear and present danger to himself,
16herself, or others as determined by a physician, clinical
17psychologist, or qualified examiner. Nothing is this Section
18shall otherwise impair an employer's ability to determine a
19Conservation Police officer's fitness for duty. A collective
20bargaining agreement already in effect on this issue on the
21effective date of this amendatory Act of the 101st General
22Assembly cannot be modified, but on or after the effective date
23of this amendatory Act of the 101st General Assembly, the
24employer cannot require a Firearm Owner's Identification Card

 

 

10100HB2766ham001- 13 -LRB101 09370 SLF 58328 a

1as a condition of continued employment in a collective
2bargaining agreement. The employer shall document if and why a
3Conservation Police officer has been determined to pose a clear
4and present danger.
 
5    Section 110. The Department of State Police Law of the
6Civil Administrative Code of Illinois is amended by adding
7Sections 2605-99 and 2605-610 as follows:
 
8    (20 ILCS 2605/2605-99 new)
9    Sec. 2605-99. Training; suicide prevention. The Department
10shall conduct or approve a 2-day in-service training program
11for law enforcement officers that includes job-related stress
12management and suicide prevention that is consistent with
13Section 25 of the Illinois Mental Health First Aid Training Act
14in a peer setting. The in-service training program shall
15include training for law enforcement officers to recognize
16signs of work-related cumulative stress of peers and other
17related issues that may lead to stress, trauma, or suicide.
18This in-service training program shall be completed every 2
19years by each local law enforcement officer. The Board shall
20establish the training program on or before January 1, 2021.
 
21    (20 ILCS 2605/2605-610 new)
22    Sec. 2605-610. Possession of a Firearm Owner's
23Identification Card. The Department shall not make possession

 

 

10100HB2766ham001- 14 -LRB101 09370 SLF 58328 a

1of a Firearm Owner's Identification Card a condition of
2continued employment if the State Police officer Firearm
3Owner's Identification Card is revoked or seized because the
4State Police officer has been a patient of a mental health
5facility and the State Police officer has not been determined
6to pose a clear and present danger to himself, herself, or
7others as determined by a physician, clinical psychologist, or
8qualified examiner. Nothing is this Section shall otherwise
9impair an employer's ability to determine a State Police
10officer's fitness for duty. A collective bargaining agreement
11already in effect on this issue on the effective date of this
12amendatory Act of the 101st General Assembly cannot be
13modified, but on or after the effective date of this amendatory
14Act of the 101st General Assembly, the employer cannot require
15a Firearm Owner's Identification Card as a condition of
16continued employment in a collective bargaining agreement. The
17employer shall document if and why a State Police officer has
18been determined to pose a clear and present danger.
 
19    Section 115. The Illinois Police Training Act is amended by
20changing Section 7 and adding Section 10.17-2 as follows:
 
21    (50 ILCS 705/7)  (from Ch. 85, par. 507)
22    Sec. 7. Rules and standards for schools. The Board shall
23adopt rules and minimum standards for such schools which shall
24include, but not be limited to, the following:

 

 

10100HB2766ham001- 15 -LRB101 09370 SLF 58328 a

1        a. The curriculum for probationary police officers
2    which shall be offered by all certified schools shall
3    include, but not be limited to, courses of procedural
4    justice, arrest and use and control tactics, search and
5    seizure, including temporary questioning, civil rights,
6    human rights, human relations, cultural competency,
7    including implicit bias and racial and ethnic sensitivity,
8    criminal law, law of criminal procedure, constitutional
9    and proper use of law enforcement authority, vehicle and
10    traffic law including uniform and non-discriminatory
11    enforcement of the Illinois Vehicle Code, traffic control
12    and accident investigation, techniques of obtaining
13    physical evidence, court testimonies, statements, reports,
14    firearms training, training in the use of electronic
15    control devices, including the psychological and
16    physiological effects of the use of those devices on
17    humans, first-aid (including cardiopulmonary
18    resuscitation), training in the administration of opioid
19    antagonists as defined in paragraph (1) of subsection (e)
20    of Section 5-23 of the Substance Use Disorder Act, handling
21    of juvenile offenders, recognition of mental conditions
22    and crises, including, but not limited to, the disease of
23    addiction, which require immediate assistance and response
24    and methods to safeguard and provide assistance to a person
25    in need of mental treatment, recognition of abuse, neglect,
26    financial exploitation, and self-neglect of adults with

 

 

10100HB2766ham001- 16 -LRB101 09370 SLF 58328 a

1    disabilities and older adults, as defined in Section 2 of
2    the Adult Protective Services Act, crimes against the
3    elderly, law of evidence, the hazards of high-speed police
4    vehicle chases with an emphasis on alternatives to the
5    high-speed chase, and physical training. The curriculum
6    shall include specific training in techniques for
7    immediate response to and investigation of cases of
8    domestic violence and of sexual assault of adults and
9    children, including cultural perceptions and common myths
10    of sexual assault and sexual abuse as well as interview
11    techniques that are age sensitive and are trauma informed,
12    victim centered, and victim sensitive. The curriculum
13    shall include training in techniques designed to promote
14    effective communication at the initial contact with crime
15    victims and ways to comprehensively explain to victims and
16    witnesses their rights under the Rights of Crime Victims
17    and Witnesses Act and the Crime Victims Compensation Act.
18    The curriculum shall also include training in effective
19    recognition of and responses to stress, trauma, and
20    post-traumatic stress experienced by police officers that
21    is consistent with Section 25 of the Illinois Mental Health
22    First Aid Training Act in a peer setting. The curriculum
23    shall also include a block of instruction aimed at
24    identifying and interacting with persons with autism and
25    other developmental or physical disabilities, reducing
26    barriers to reporting crimes against persons with autism,

 

 

10100HB2766ham001- 17 -LRB101 09370 SLF 58328 a

1    and addressing the unique challenges presented by cases
2    involving victims or witnesses with autism and other
3    developmental disabilities. The curriculum for permanent
4    police officers shall include, but not be limited to: (1)
5    refresher and in-service training in any of the courses
6    listed above in this subparagraph, (2) advanced courses in
7    any of the subjects listed above in this subparagraph, (3)
8    training for supervisory personnel, and (4) specialized
9    training in subjects and fields to be selected by the
10    board. The training in the use of electronic control
11    devices shall be conducted for probationary police
12    officers, including University police officers.
13        b. Minimum courses of study, attendance requirements
14    and equipment requirements.
15        c. Minimum requirements for instructors.
16        d. Minimum basic training requirements, which a
17    probationary police officer must satisfactorily complete
18    before being eligible for permanent employment as a local
19    law enforcement officer for a participating local
20    governmental agency. Those requirements shall include
21    training in first aid (including cardiopulmonary
22    resuscitation).
23        e. Minimum basic training requirements, which a
24    probationary county corrections officer must
25    satisfactorily complete before being eligible for
26    permanent employment as a county corrections officer for a

 

 

10100HB2766ham001- 18 -LRB101 09370 SLF 58328 a

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

 

 

10100HB2766ham001- 19 -LRB101 09370 SLF 58328 a

1        All individuals hired as court security officers on or
2    after June 1, 1997 (the effective date of Public Act
3    89-685) shall be certified within 12 months of the date of
4    their hire, unless a waiver has been obtained by the Board,
5    or they shall forfeit their positions.
6        The Sheriff's Merit Commission, if one exists, or the
7    Sheriff's Office if there is no Sheriff's Merit Commission,
8    shall maintain a list of all individuals who have filed
9    applications to become court security officers and who meet
10    the eligibility requirements established under this Act.
11    Either the Sheriff's Merit Commission, or the Sheriff's
12    Office if no Sheriff's Merit Commission exists, shall
13    establish a schedule of reasonable intervals for
14    verification of the applicants' qualifications under this
15    Act and as established by the Board.
16        g. Minimum in-service training requirements, which a
17    police officer must satisfactorily complete every 3 years.
18    Those requirements shall include constitutional and proper
19    use of law enforcement authority, procedural justice,
20    civil rights, human rights, mental health awareness and
21    response, and cultural competency.
22        h. Minimum in-service training requirements, which a
23    police officer must satisfactorily complete at least
24    annually. Those requirements shall include law updates and
25    use of force training which shall include scenario based
26    training, or similar training approved by the Board.

 

 

10100HB2766ham001- 20 -LRB101 09370 SLF 58328 a

1(Source: P.A. 99-352, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642,
2eff. 7-28-16; 99-801, eff. 1-1-17; 100-121, eff. 1-1-18;
3100-247, eff. 1-1-18; 100-759, eff. 1-1-19; 100-863, eff.
48-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
 
5    (50 ILCS 705/10.17-2 new)
6    Sec. 10.17-2. Training; suicide prevention. The Board
7shall conduct or approve a 2-day in-service training program
8for law enforcement officers that includes job-related stress
9management and suicide prevention that is consistent with
10Section 25 of the Illinois Mental Health First Aid Training Act
11in a peer setting. The in-service training program shall
12include training for law enforcement officers to recognize
13signs of work-related cumulative stress of peers and other
14related issues that may lead to stress, trauma, or suicide.
15This in-service training program shall be completed every 2
16years by each local law enforcement officer. The Board shall
17establish the training program on or before January 1, 2021.
 
18    Section 117. The Uniform Peace Officers' Disciplinary Act
19is amended by changing Section 7.2 as follows:
 
20    (50 ILCS 725/7.2)
21    Sec. 7.2. Possession of a Firearm Owner's Identification
22Card. An employer of an officer shall not make possession of a
23Firearm Owner's Identification Card a condition of continued

 

 

10100HB2766ham001- 21 -LRB101 09370 SLF 58328 a

1employment if the officer's Firearm Owner's Identification
2Card is revoked or seized because the officer has been a
3patient of a mental health facility and the officer has not
4been determined to pose a clear and present danger to himself,
5herself, or others as determined by a physician, clinical
6psychologist, or qualified examiner. Nothing is this Section
7shall otherwise impair an employer's ability to determine an
8officer's fitness for duty. On and after the effective date of
9this amendatory Act of the 100th General Assembly, Section 6 of
10this Act shall not apply to the prohibition requiring a Firearm
11Owner's Identification Card as a condition of continued
12employment, but a collective bargaining agreement already in
13effect on that issue on the effective date of this amendatory
14Act of the 100th General Assembly cannot be modified. The
15employer shall document if and why an officer has been
16determined to pose a clear and present danger.
17(Source: P.A. 100-911, eff. 8-17-18.)
 
18    Section 120. The Illinois Fire Protection Training Act is
19amended by changing Section 8 and adding Section 12.2 as
20follows:
 
21    (50 ILCS 740/8)  (from Ch. 85, par. 538)
22    Sec. 8. Rules and minimum standards for schools. The Office
23shall adopt rules and minimum standards for such schools which
24shall include but not be limited to the following:

 

 

10100HB2766ham001- 22 -LRB101 09370 SLF 58328 a

1        a. Minimum courses of study, resources, facilities,
2    apparatus, equipment, reference material, established
3    records and procedures as determined by the Office.
4        b. Minimum requirements for instructors.
5        c. Minimum basic training requirements, which a
6    trainee must satisfactorily complete before being eligible
7    for permanent employment as a fire fighter in the fire
8    department of a participating local governmental agency.
9    Those requirements shall include training in first aid
10    (including cardiopulmonary resuscitation) and training in
11    the administration of opioid antagonists as defined in
12    paragraph (1) of subsection (e) of Section 5-23 of the
13    Substance Use Disorder Act.
14        d. Training in effective recognition of and responses
15    to stress, trauma, and post-traumatic stress experienced
16    by fire fighters that is consistent with Section 25 of the
17    Illinois Mental Health First Aid Training Act in a peer
18    setting.
19(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)
 
20    (50 ILCS 740/12.2 new)
21    Sec. 12.2. Training; suicide prevention. The Office shall
22conduct or approve a 2-day in-service training program for
23permanent fire protection personnel that includes job-related
24stress management and suicide prevention that is consistent
25with Section 25 of the Illinois Mental Health First Aid

 

 

10100HB2766ham001- 23 -LRB101 09370 SLF 58328 a

1Training Act in a peer setting. The in-service training program
2shall include training for permanent fire protection personnel
3to recognize signs of work-related cumulative stress of peers
4and other related issues that may lead to stress, trauma, or
5suicide. This in-service training program shall be completed
6every 2 years by each fire fighter. The Board shall establish
7the training program on or before January 1, 2021.
 
8    Section 130. The Counties Code is amended by adding
9Sections 3-6012.2 and 3-6050 as follows:
 
10    (55 ILCS 5/3-6012.2 new)
11    Sec. 3-6012.2. Mental health specialists; sheriff's
12offices. For every 1,000 persons a sheriff's office employees,
13that sheriff's office shall employ at least one mental health
14specialist.
 
15    (55 ILCS 5/3-6050 new)
16    Sec. 3-6050. Possession of a Firearm Owner's
17Identification Card. An employer of an law enforcement officer
18shall not make possession of a Firearm Owner's Identification
19Card a condition of continued employment if the law enforcement
20officer's Firearm Owner's Identification Card is revoked or
21seized because the law enforcement officer has been a patient
22of a mental health facility and the law enforcement officer has
23not been determined to pose a clear and present danger to

 

 

10100HB2766ham001- 24 -LRB101 09370 SLF 58328 a

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

 

 

10100HB2766ham001- 25 -LRB101 09370 SLF 58328 a

1corporate authorities of each municipality which has
2established firefighting services shall require the employment
3of at least one mental health specialist for every 1,000
4persons employed.
 
5    Section 140. The Probation and Probation Officers Act is
6amended by adding Section 19 as follows:
 
7    (730 ILCS 110/19 new)
8    Sec. 19. Possession of a Firearm Owner's Identification
9Card. An employer of a probation officer shall not make
10possession of a Firearm Owner's Identification Card a condition
11of continued employment if the probation officer's Firearm
12Owner's Identification Card is revoked or seized because the
13probation officer has been a patient of a mental health
14facility and the officer has not been determined to pose a
15clear and present danger to himself, herself, or others as
16determined by a physician, clinical psychologist, or qualified
17examiner. Nothing is this Section shall otherwise impair an
18employer's ability to determine a probation officer's fitness
19for duty. A collective bargaining agreement already in effect
20on this issue on the effective date of this amendatory Act of
21the 101st General Assembly cannot be modified, but on or after
22the effective date of this amendatory Act of the 101st General
23Assembly, the employer cannot require a Firearm Owner's
24Identification Card as a condition of continued employment in a

 

 

10100HB2766ham001- 26 -LRB101 09370 SLF 58328 a

1collective bargaining agreement. The employer shall document
2if and why an probation officer has been determined to pose a
3clear and present danger.
 
4    Section 999. Effective date. This Act takes effect January
51, 2020.".