Rep. Frances Ann Hurley

Filed: 4/3/2019

 

 


 

 


 
10100HB2766ham004LRB101 09370 SLF 59090 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 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.

 

 

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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

 

 

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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

 

 

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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    (c-5) Any communication described in subsection (a) or (b)
10is subject to subpoena.
11    (d) This Section does not apply to:
12        (1) any threat of suicide or homicide made by a
13    participant in a peer counseling session or any information
14    conveyed in a peer support counseling session related to a
15    threat of suicide or homicide;
16        (2) any information relating to the abuse of children
17    or of the elderly or other information that is required to
18    be reported by law; or
19        (3) any admission of criminal conduct.
20    (e) All communications, notes, records, and reports
21arising out of a peer support counseling session are not
22subject to disclosure under Section 7.5 of the Freedom of
23Information Act.
24    (f) A cause of action exists for public safety personnel or
25emergency services personnel if the emergency services
26provider or law enforcement agency uses confidential

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    meaning as in the Health Insurance Portability and
2    Accountability Act of 1996, Public Law 104-191, or any
3    subsequent amendments thereto, and any regulations
4    promulgated thereunder.
5        (u) Records and information provided to an independent
6    team of experts under the Developmental Disability and
7    Mental Health Safety Act (also known as Brian's Law).
8        (v) Names and information of people who have applied
9    for or received Firearm Owner's Identification Cards under
10    the Firearm Owners Identification Card Act or applied for
11    or received a concealed carry license under the Firearm
12    Concealed Carry Act, unless otherwise authorized by the
13    Firearm Concealed Carry Act; and databases under the
14    Firearm Concealed Carry Act, records of the Concealed Carry
15    Licensing Review Board under the Firearm Concealed Carry
16    Act, and law enforcement agency objections under the
17    Firearm Concealed Carry Act.
18        (w) Personally identifiable information which is
19    exempted from disclosure under subsection (g) of Section
20    19.1 of the Toll Highway Act.
21        (x) Information which is exempted from disclosure
22    under Section 5-1014.3 of the Counties Code or Section
23    8-11-21 of the Illinois Municipal Code.
24        (y) Confidential information under the Adult
25    Protective Services Act and its predecessor enabling
26    statute, the Elder Abuse and Neglect Act, including

 

 

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

 

 

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1        (hh) Records that are exempt from disclosure under
2    Section 1A-16.7 of the Election Code.
3        (ii) Information which is exempted from disclosure
4    under Section 2505-800 of the Department of Revenue Law of
5    the Civil Administrative Code of Illinois.
6        (jj) Information and reports that are required to be
7    submitted to the Department of Labor by registering day and
8    temporary labor service agencies but are exempt from
9    disclosure under subsection (a-1) of Section 45 of the Day
10    and Temporary Labor Services Act.
11        (kk) Information prohibited from disclosure under the
12    Seizure and Forfeiture Reporting Act.
13        (ll) Information the disclosure of which is restricted
14    and exempted under Section 5-30.8 of the Illinois Public
15    Aid Code.
16        (mm) (ll) Records that are exempt from disclosure under
17    Section 4.2 of the Crime Victims Compensation Act.
18        (nn) (ll) Information that is exempt from disclosure
19    under Section 70 of the Higher Education Student Assistance
20    Act.
21        (oo) Communications, notes, records, and reports
22    arising out of a peer support counseling session prohibited
23    from disclosure under the First Responders Suicide
24    Prevention Act.
25(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352,
26eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16;

 

 

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199-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
2100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
38-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
4eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
5100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised
610-12-18.)
 
7    Section 107. The Department of Natural Resources Act is
8amended by adding Section 1-31 as follows:
 
9    (20 ILCS 801/1-31 new)
10    Sec. 1-31. Possession of a Firearm Owner's Identification
11Card. The Department shall not make possession of a Firearm
12Owner's Identification Card a condition of continued
13employment if the Conservation Police officer's Firearm
14Owner's Identification Card is revoked or seized because the
15Conservation Police officer has been a patient of a mental
16health facility and the Conservation Police officer has not
17been determined to pose a clear and present danger to himself,
18herself, or others as determined by a physician, clinical
19psychologist, or qualified examiner. Nothing is this Section
20shall otherwise impair an employer's ability to determine a
21Conservation Police officer's fitness for duty. A collective
22bargaining agreement already in effect on this issue on the
23effective date of this amendatory Act of the 101st General
24Assembly cannot be modified, but on or after the effective date

 

 

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

 

 

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1modified, but on or after the effective date of this amendatory
2Act of the 101st General Assembly, the employer cannot require
3a Firearm Owner's Identification Card as a condition of
4continued employment in a collective bargaining agreement. The
5employer shall document if and why a State Police officer has
6been determined to pose a clear and present danger.
 
7    Section 115. The Illinois Police Training Act is amended by
8changing Section 7 as follows:
 
9    (50 ILCS 705/7)  (from Ch. 85, par. 507)
10    Sec. 7. Rules and standards for schools. The Board shall
11adopt rules and minimum standards for such schools which shall
12include, but not be limited to, the following:
13        a. The curriculum for probationary police officers
14    which shall be offered by all certified schools shall
15    include, but not be limited to, courses of procedural
16    justice, arrest and use and control tactics, search and
17    seizure, including temporary questioning, civil rights,
18    human rights, human relations, cultural competency,
19    including implicit bias and racial and ethnic sensitivity,
20    criminal law, law of criminal procedure, constitutional
21    and proper use of law enforcement authority, vehicle and
22    traffic law including uniform and non-discriminatory
23    enforcement of the Illinois Vehicle Code, traffic control
24    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 Substance Use Disorder Act, handling
9    of juvenile offenders, recognition of mental conditions
10    and crises, including, but not limited to, the disease of
11    addiction, which require immediate assistance and response
12    and methods to safeguard and provide assistance to a person
13    in need of mental treatment, recognition of abuse, neglect,
14    financial exploitation, and self-neglect of adults with
15    disabilities and older adults, as defined in Section 2 of
16    the Adult Protective Services Act, crimes against the
17    elderly, law of evidence, the hazards of high-speed police
18    vehicle chases with an emphasis on alternatives to the
19    high-speed chase, and physical training. The curriculum
20    shall include specific training in techniques for
21    immediate response to and investigation of cases of
22    domestic violence and of sexual assault of adults and
23    children, including cultural perceptions and common myths
24    of sexual assault and sexual abuse as well as interview
25    techniques that are age sensitive and are trauma informed,
26    victim centered, and victim sensitive. The curriculum

 

 

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

 

 

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

 

 

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1    (ii) attesting to his or her satisfactory completion of a
2    training program of similar content and number of hours
3    that has been found acceptable by the Board under the
4    provisions of this Act; or (iii) attesting to the Board's
5    determination that the training course is unnecessary
6    because of the person's extensive prior law enforcement
7    experience.
8        Individuals who currently serve as court security
9    officers shall be deemed qualified to continue to serve in
10    that capacity so long as they are certified as provided by
11    this Act within 24 months of June 1, 1997 (the effective
12    date of Public Act 89-685). Failure to be so certified,
13    absent a waiver from the Board, shall cause the officer to
14    forfeit his or her position.
15        All individuals hired as court security officers on or
16    after June 1, 1997 (the effective date of Public Act
17    89-685) shall be certified within 12 months of the date of
18    their hire, unless a waiver has been obtained by the Board,
19    or they shall forfeit their 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; 100-759, eff. 1-1-19; 100-863, eff.
188-14-18; 100-910, eff. 1-1-19; revised 9-28-19.)
 
19    Section 117. The Uniform Peace Officers' Disciplinary Act
20is amended by changing Section 7.2 as follows:
 
21    (50 ILCS 725/7.2)
22    Sec. 7.2. Possession of a Firearm Owner's Identification
23Card. An employer of an officer shall not make possession of a
24Firearm Owner's Identification Card a condition of continued

 

 

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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 as follows:
 
20    (50 ILCS 740/8)  (from Ch. 85, par. 538)
21    Sec. 8. Rules and minimum standards for schools. The Office
22shall adopt rules and minimum standards for such schools which
23shall include but not be limited to the following:
24        a. Minimum courses of study, resources, facilities,

 

 

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1    apparatus, equipment, reference material, established
2    records and procedures as determined by the Office.
3        b. Minimum requirements for instructors.
4        c. Minimum basic training requirements, which a
5    trainee must satisfactorily complete before being eligible
6    for permanent employment as a firefighter fire fighter in
7    the fire department of a participating local governmental
8    agency. Those requirements shall include training in first
9    aid (including cardiopulmonary resuscitation) and training
10    in the administration of opioid antagonists as defined in
11    paragraph (1) of subsection (e) of Section 5-23 of the
12    Substance Use Disorder Act.
13        d. Training in effective recognition of and responses
14    to stress, trauma, and post-traumatic stress experienced
15    by firefighters that is consistent with Section 25 of the
16    Illinois Mental Health First Aid Training Act in a peer
17    setting.
18(Source: P.A. 99-480, eff. 9-9-15; 100-759, eff. 1-1-19.)
 
19    Section 130. The Counties Code is amended by adding
20Sections 3-6012.2 and 3-6050 as follows:
 
21    (55 ILCS 5/3-6012.2 new)
22    Sec. 3-6012.2. Mental health specialists; sheriff's
23offices. For every 1,000 persons a sheriff's office employs,
24that sheriff's office shall employ at least one mental health

 

 

10100HB2766ham004- 22 -LRB101 09370 SLF 59090 a

1specialist.
 
2    (55 ILCS 5/3-6050 new)
3    Sec. 3-6050. Possession of a Firearm Owner's
4Identification Card. An employer of a law enforcement officer
5shall not make possession of a Firearm Owner's Identification
6Card a condition of continued employment if the law enforcement
7officer's Firearm Owner's Identification Card is revoked or
8seized because the law enforcement officer has been a patient
9of a mental health facility and the law enforcement officer has
10not been determined to pose a clear and present danger to
11himself, herself, or others as determined by a physician,
12clinical psychologist, or qualified examiner. Nothing is this
13Section shall otherwise impair an employer's ability to
14determine a law enforcement officer's fitness for duty. A
15collective bargaining agreement already in effect on this issue
16on the effective date of this amendatory Act of the 101st
17General Assembly cannot be modified, but on or after the
18effective date of this amendatory Act of the 101st General
19Assembly, the employer cannot require a Firearm Owner's
20Identification Card as a condition of continued employment in a
21collective bargaining agreement. The employer shall document
22if and why a law enforcement officer has been determined to
23pose a clear and present danger.
 
24    Section 135. The Illinois Municipal Code is amended by

 

 

10100HB2766ham004- 23 -LRB101 09370 SLF 59090 a

1adding Sections 11-1-14 and 11-6-11 as follows:
 
2    (65 ILCS 5/11-1-14 new)
3    Sec. 11-1-14. Mental health specialists; police. The
4corporate authorities of each municipality which has
5established a police department shall require the employment of
6at least one mental health specialist for every 1,000 persons
7employed.
 
8    (65 ILCS 5/11-6-11 new)
9    Sec. 11-6-11. Mental health specialists; fire. The
10corporate authorities of each municipality which has
11established firefighting services shall require the employment
12of at least one mental health specialist for every 1,000
13persons employed.
 
14    Section 140. The Probation and Probation Officers Act is
15amended by adding Section 19 as follows:
 
16    (730 ILCS 110/19 new)
17    Sec. 19. Possession of a Firearm Owner's Identification
18Card. An employer of a probation officer shall not make
19possession of a Firearm Owner's Identification Card a condition
20of continued employment if the probation officer's Firearm
21Owner's Identification Card is revoked or seized because the
22probation officer has been a patient of a mental health

 

 

10100HB2766ham004- 24 -LRB101 09370 SLF 59090 a

1facility and the officer has not been determined to pose a
2clear and present danger to himself, herself, or others as
3determined by a physician, clinical psychologist, or qualified
4examiner. Nothing is this Section shall otherwise impair an
5employer's ability to determine a probation officer's fitness
6for duty. A collective bargaining agreement already in effect
7on this issue on the effective date of this amendatory Act of
8the 101st General Assembly cannot be modified, but on or after
9the effective date of this amendatory Act of the 101st General
10Assembly, the employer cannot require a Firearm Owner's
11Identification Card as a condition of continued employment in a
12collective bargaining agreement. The employer shall document
13if and why a probation officer has been determined to pose a
14clear and present danger.
 
15    Section 999. Effective date. This Act takes effect upon
16becoming law.".