102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0028

 

Introduced 1/14/2021, by Rep. Maurice A. West, II

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/10.17
705 ILCS 135/15-70

    Amends the Illinois Police Training Act. Provides that the curriculum for certified training programs in crisis intervention shall be at least 40 hours for recruit law enforcement officers. Provides that Crisis Intervention Team (CIT) training programs shall be a collaboration between law enforcement professionals, mental health providers, families, and consumer advocates and must minimally include the following components: (1) basic information about mental illnesses and how to recognize them; (2) information about mental health laws and resources; (3) learning from family members of individuals with mental illness and their experiences, and (4) verbal de-escalation training and role-plays. Amends the Criminal and Traffic Assessment Act. Provides that a person who is convicted of any criminal or traffic law or ordinance, other than a conviction entered upon a plea of guilty, $5 to be distributed as follows: (1) $2.50 to the Illinois Law Enforcement Training Standards Board for implementing crisis intervention team training for recruit law enforcement officers under the Illinois Police Training Act; (2) $2.25 to the Illinois Law Enforcement Training Standards Board for grants to local law enforcement agencies for continued crisis intervention team training; and (3) 25 cents to be retained by the Clerk of the Circuit Court for administrative expenses. Effective July 1, 2021.


LRB102 03743 RLC 13756 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0028LRB102 03743 RLC 13756 b

1    AN ACT concerning law enforcement training.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 10.17 as follows:
 
6    (50 ILCS 705/10.17)
7    Sec. 10.17. Crisis intervention team training; mental
8health awareness training.
9    (a) The Illinois Law Enforcement Training Standards Board
10shall develop and approve a standard curriculum for certified
11training programs in crisis intervention of at least 40 hours
12for law enforcement recruits addressing specialized policing
13responses to people with mental illnesses. The Board shall
14conduct Crisis Intervention Team (CIT) training programs that
15train officers to identify signs and symptoms of mental
16illness, to de-escalate situations involving individuals who
17appear to have a mental illness, and connect that person in
18crisis to treatment. Crisis Intervention Team (CIT) training
19programs shall be a collaboration between law enforcement
20professionals, mental health providers, families, and consumer
21advocates and must minimally include the following components:
22(1) basic information about mental illnesses and how to
23recognize them; (2) information about mental health laws and

 

 

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1resources; (3) learning from family members of individuals
2with mental illness and their experiences; and (4) verbal
3de-escalation training and role-plays. Officers who have
4successfully completed this program shall be issued a
5certificate attesting to their attendance of a Crisis
6Intervention Team (CIT) training program.
7    (b) The Board shall create an introductory course
8incorporating adult learning models that provides law
9enforcement officers with an awareness of mental health issues
10including a history of the mental health system, types of
11mental health illness including signs and symptoms of mental
12illness and common treatments and medications, and the
13potential interactions law enforcement officers may have on a
14regular basis with these individuals, their families, and
15service providers including de-escalating a potential crisis
16situation. This course, in addition to other traditional
17learning settings, may be made available in an electronic
18format.
19(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
20100-247, eff. 1-1-18.)
 
21    Section 10. The Criminal and Traffic Assessment Act is
22amended by changing Section 15-70 as follows:
 
23    (705 ILCS 135/15-70)
24    (Section scheduled to be repealed on January 1, 2022)

 

 

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1    Sec. 15-70. Conditional assessments. In addition to
2payments under one of the Schedule of Assessments 1 through 13
3of this Act, the court shall also order payment of any of the
4following conditional assessment amounts for each sentenced
5violation in the case to which a conditional assessment is
6applicable, which shall be collected and remitted by the Clerk
7of the Circuit Court as provided in this Section:
8        (1) arson, residential arson, or aggravated arson,
9    $500 per conviction to the State Treasurer for deposit
10    into the Fire Prevention Fund;
11        (2) child pornography under Section 11-20.1 of the
12    Criminal Code of 1961 or the Criminal Code of 2012, $500
13    per conviction, unless more than one agency is responsible
14    for the arrest in which case the amount shall be remitted
15    to each unit of government equally:
16            (A) if the arresting agency is an agency of a unit
17        of local government, $500 to the treasurer of the unit
18        of local government for deposit into the unit of local
19        government's General Fund, except that if the
20        Department of State Police provides digital or
21        electronic forensic examination assistance, or both,
22        to the arresting agency then $100 to the State
23        Treasurer for deposit into the State Crime Laboratory
24        Fund; or
25            (B) if the arresting agency is the Department of
26        State Police, $500 to the State Treasurer for deposit

 

 

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1        into the State Crime Laboratory Fund;
2        (3) crime laboratory drug analysis for a drug-related
3    offense involving possession or delivery of cannabis or
4    possession or delivery of a controlled substance as
5    defined in the Cannabis Control Act, the Illinois
6    Controlled Substances Act, or the Methamphetamine Control
7    and Community Protection Act, $100 reimbursement for
8    laboratory analysis, as set forth in subsection (f) of
9    Section 5-9-1.4 of the Unified Code of Corrections;
10        (4) DNA analysis, $250 on each conviction in which it
11    was used to the State Treasurer for deposit into the State
12    Offender DNA Identification System Fund as set forth in
13    Section 5-4-3 of the Unified Code of Corrections;
14        (5) DUI analysis, $150 on each sentenced violation in
15    which it was used as set forth in subsection (f) of Section
16    5-9-1.9 of the Unified Code of Corrections;
17        (6) drug-related offense involving possession or
18    delivery of cannabis or possession or delivery of a
19    controlled substance, other than methamphetamine, as
20    defined in the Cannabis Control Act or the Illinois
21    Controlled Substances Act, an amount not less than the
22    full street value of the cannabis or controlled substance
23    seized for each conviction to be disbursed as follows:
24            (A) 12.5% of the street value assessment shall be
25        paid into the Youth Drug Abuse Prevention Fund, to be
26        used by the Department of Human Services for the

 

 

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1        funding of programs and services for drug-abuse
2        treatment, and prevention and education services;
3            (B) 37.5% to the county in which the charge was
4        prosecuted, to be deposited into the county General
5        Fund;
6            (C) 50% to the treasurer of the arresting law
7        enforcement agency of the municipality or county, or
8        to the State Treasurer if the arresting agency was a
9        state agency;
10            (D) if the arrest was made in combination with
11        multiple law enforcement agencies, the clerk shall
12        equitably allocate the portion in subparagraph (C) of
13        this paragraph (6) among the law enforcement agencies
14        involved in the arrest;
15        (6.5) Kane County or Will County, in felony,
16    misdemeanor, local or county ordinance, traffic, or
17    conservation cases, up to $30 as set by the county board
18    under Section 5-1101.3 of the Counties Code upon the entry
19    of a judgment of conviction, an order of supervision, or a
20    sentence of probation without entry of judgment under
21    Section 10 of the Cannabis Control Act, Section 410 of the
22    Illinois Controlled Substances Act, Section 70 of the
23    Methamphetamine Control and Community Protection Act,
24    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
25    the Criminal Code of 1961 or the Criminal Code of 2012,
26    Section 10-102 of the Illinois Alcoholism and Other Drug

 

 

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1    Dependency Act, or Section 10 of the Steroid Control Act;
2    except in local or county ordinance, traffic, and
3    conservation cases, if fines are paid in full without a
4    court appearance, then the assessment shall not be imposed
5    or collected. Distribution of assessments collected under
6    this paragraph (6.5) shall be as provided in Section
7    5-1101.3 of the Counties Code;
8        (7) methamphetamine-related offense involving
9    possession or delivery of methamphetamine or any salt of
10    an optical isomer of methamphetamine or possession of a
11    methamphetamine manufacturing material as set forth in
12    Section 10 of the Methamphetamine Control and Community
13    Protection Act with the intent to manufacture a substance
14    containing methamphetamine or salt of an optical isomer of
15    methamphetamine, an amount not less than the full street
16    value of the methamphetamine or salt of an optical isomer
17    of methamphetamine or methamphetamine manufacturing
18    materials seized for each conviction to be disbursed as
19    follows:
20            (A) 12.5% of the street value assessment shall be
21        paid into the Youth Drug Abuse Prevention Fund, to be
22        used by the Department of Human Services for the
23        funding of programs and services for drug-abuse
24        treatment, and prevention and education services;
25            (B) 37.5% to the county in which the charge was
26        prosecuted, to be deposited into the county General

 

 

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1        Fund;
2            (C) 50% to the treasurer of the arresting law
3        enforcement agency of the municipality or county, or
4        to the State Treasurer if the arresting agency was a
5        state agency;
6            (D) if the arrest was made in combination with
7        multiple law enforcement agencies, the clerk shall
8        equitably allocate the portion in subparagraph (C) of
9        this paragraph (6) among the law enforcement agencies
10        involved in the arrest;
11        (8) order of protection violation under Section 12-3.4
12    of the Criminal Code of 2012, $200 for each conviction to
13    the county treasurer for deposit into the Probation and
14    Court Services Fund for implementation of a domestic
15    violence surveillance program and any other assessments or
16    fees imposed under Section 5-9-1.16 of the Unified Code of
17    Corrections;
18        (9) order of protection violation, $25 for each
19    violation to the State Treasurer, for deposit into the
20    Domestic Violence Abuser Services Fund;
21        (10) prosecution by the State's Attorney of a:
22            (A) petty or business offense, $4 to the county
23        treasurer of which $2 deposited into the State's
24        Attorney Records Automation Fund and $2 into the
25        Public Defender Records Automation Fund;
26            (B) conservation or traffic offense, $2 to the

 

 

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1        county treasurer for deposit into the State's Attorney
2        Records Automation Fund;
3        (11) speeding in a construction zone violation, $250
4    to the State Treasurer for deposit into the Transportation
5    Safety Highway Hire-back Fund, unless (i) the violation
6    occurred on a highway other than an interstate highway and
7    (ii) a county police officer wrote the ticket for the
8    violation, in which case to the county treasurer for
9    deposit into that county's Transportation Safety Highway
10    Hire-back Fund;
11        (12) supervision disposition on an offense under the
12    Illinois Vehicle Code or similar provision of a local
13    ordinance, 50 cents, unless waived by the court, into the
14    Prisoner Review Board Vehicle and Equipment Fund;
15        (13) victim and offender are family or household
16    members as defined in Section 103 of the Illinois Domestic
17    Violence Act of 1986 and offender pleads guilty or no
18    contest to or is convicted of murder, voluntary
19    manslaughter, involuntary manslaughter, burglary,
20    residential burglary, criminal trespass to residence,
21    criminal trespass to vehicle, criminal trespass to land,
22    criminal damage to property, telephone harassment,
23    kidnapping, aggravated kidnaping, unlawful restraint,
24    forcible detention, child abduction, indecent solicitation
25    of a child, sexual relations between siblings,
26    exploitation of a child, child pornography, assault,

 

 

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1    aggravated assault, battery, aggravated battery, heinous
2    battery, aggravated battery of a child, domestic battery,
3    reckless conduct, intimidation, criminal sexual assault,
4    predatory criminal sexual assault of a child, aggravated
5    criminal sexual assault, criminal sexual abuse, aggravated
6    criminal sexual abuse, violation of an order of
7    protection, disorderly conduct, endangering the life or
8    health of a child, child abandonment, contributing to
9    dependency or neglect of child, or cruelty to children and
10    others, $200 for each sentenced violation to the State
11    Treasurer for deposit as follows: (i) for sexual assault,
12    as defined in Section 5-9-1.7 of the Unified Code of
13    Corrections, when the offender and victim are family
14    members, one-half to the Domestic Violence Shelter and
15    Service Fund, and one-half to the Sexual Assault Services
16    Fund; (ii) for the remaining offenses to the Domestic
17    Violence Shelter and Service Fund;
18        (14) violation of Section 11-501 of the Illinois
19    Vehicle Code, Section 5-7 of the Snowmobile Registration
20    and Safety Act, Section 5-16 of the Boat Registration and
21    Safety Act, or a similar provision, whose operation of a
22    motor vehicle, snowmobile, or watercraft while in
23    violation of Section 11-501, Section 5-7 of the Snowmobile
24    Registration and Safety Act, Section 5-16 of the Boat
25    Registration and Safety Act, or a similar provision
26    proximately caused an incident resulting in an appropriate

 

 

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1    emergency response, $1,000 maximum to the public agency
2    that provided an emergency response related to the
3    person's violation, and if more than one agency responded,
4    the amount payable to public agencies shall be shared
5    equally;
6        (15) violation of Section 401, 407, or 407.2 of the
7    Illinois Controlled Substances Act that proximately caused
8    any incident resulting in an appropriate drug-related
9    emergency response, $1,000 as reimbursement for the
10    emergency response to the law enforcement agency that made
11    the arrest, and if more than one agency is responsible for
12    the arrest, the amount payable to law enforcement agencies
13    shall be shared equally;
14        (16) violation of reckless driving, aggravated
15    reckless driving, or driving 26 miles per hour or more in
16    excess of the speed limit that triggered an emergency
17    response, $1,000 maximum reimbursement for the emergency
18    response to be distributed in its entirety to a public
19    agency that provided an emergency response related to the
20    person's violation, and if more than one agency responded,
21    the amount payable to public agencies shall be shared
22    equally;
23        (17) violation based upon each plea of guilty,
24    stipulation of facts, or finding of guilt resulting in a
25    judgment of conviction or order of supervision for an
26    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of

 

 

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1    the Criminal Code of 2012 that results in the imposition
2    of a fine, to be distributed as follows:
3            (A) $50 to the county treasurer for deposit into
4        the Circuit Court Clerk Operation and Administrative
5        Fund to cover the costs in administering this
6        paragraph (17);
7            (B) $300 to the State Treasurer who shall deposit
8        the portion as follows:
9                (i) if the arresting or investigating agency
10            is the Department of State Police, into the State
11            Police Law Enforcement Administration Fund;
12                (ii) if the arresting or investigating agency
13            is the Department of Natural Resources, into the
14            Conservation Police Operations Assistance Fund;
15                (iii) if the arresting or investigating agency
16            is the Secretary of State, into the Secretary of
17            State Police Services Fund;
18                (iv) if the arresting or investigating agency
19            is the Illinois Commerce Commission, into the
20            Transportation Regulatory Fund; or
21                (v) if more than one of the State agencies in
22            this subparagraph (B) is the arresting or
23            investigating agency, then equal shares with the
24            shares deposited as provided in the applicable
25            items (i) through (iv) of this subparagraph (B);
26            and

 

 

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1            (C) the remainder for deposit into the Specialized
2        Services for Survivors of Human Trafficking Fund;
3        (18) weapons violation under Section 24-1.1, 24-1.2,
4    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
5    of 2012, $100 for each conviction to the State Treasurer
6    for deposit into the Trauma Center Fund; and
7        (19) violation of subsection (c) of Section 11-907 of
8    the Illinois Vehicle Code, $250 to the State Treasurer for
9    deposit into the Scott's Law Fund, unless a county or
10    municipal police officer wrote the ticket for the
11    violation, in which case to the county treasurer for
12    deposit into that county's or municipality's
13    Transportation Safety Highway Hire-back Fund to be used as
14    provided in subsection (j) of Section 11-907 of the
15    Illinois Vehicle Code; and
16        (20) conviction of any criminal or traffic law or
17    ordinance, other than a conviction entered upon a plea of
18    guilty, $5 to be distributed as follows:
19            (A) $2.50 to the Illinois Law Enforcement Training
20        Standards Board for implementing crisis intervention
21        team training for recruit law enforcement officers
22        under Section 10.17 of the Illinois Police Training
23        Act;
24            (B) $2.25 to the Illinois Law Enforcement Training
25        Standards Board for grants to local law enforcement
26        agencies for continued crisis intervention team

 

 

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1        training; and
2            (C) 25 cents to be retained by the Clerk of the
3        Circuit Court for administrative expenses.
4(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
5101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)
 
6    Section 99. Effective date. This Act takes effect July 1,
72021.