Illinois General Assembly - Full Text of Public Act 098-0358
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Public Act 098-0358


 

Public Act 0358 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0358
 
HB0131 EnrolledLRB098 02935 RLC 32949 b

    AN ACT concerning reports of stun gun and taser use by law
enforcement officers.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Police Training Act is amended by
changing Section 7 and adding Section 10.14 as follows:
 
    (50 ILCS 705/7)  (from Ch. 85, par. 507)
    Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include but not be limited to the following:
    a. The curriculum for probationary police officers which
shall be offered by all certified schools shall include but not
be limited to courses of arrest, search and seizure, civil
rights, human relations, cultural diversity, including racial
and ethnic sensitivity, criminal law, law of criminal
procedure, vehicle and traffic law including uniform and
non-discriminatory enforcement of the Illinois Vehicle Code,
traffic control and accident investigation, techniques of
obtaining physical evidence, court testimonies, statements,
reports, firearms training, training in the use of electronic
control devices, including the psychological and physiological
effects of the use of those devices on humans, first-aid
(including cardiopulmonary resuscitation), handling of
juvenile offenders, recognition of mental conditions which
require immediate assistance and methods to safeguard and
provide assistance to a person in need of mental treatment,
recognition of elder abuse and neglect, as defined in Section 2
of the Elder Abuse and Neglect Act, crimes against the elderly,
law of evidence, the hazards of high-speed police vehicle
chases with an emphasis on alternatives to the high-speed
chase, and physical training. The curriculum shall include
specific training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children. The curriculum shall include
training in techniques designed to promote effective
communication at the initial contact with crime victims and
ways to comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act and
the Crime Victims Compensation Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other developmental
disabilities, reducing barriers to reporting crimes against
persons with autism, and addressing the unique challenges
presented by cases involving victims or witnesses with autism
and other developmental disabilities. The curriculum for
permanent police officers shall include but not be limited to
(1) refresher and in-service training in any of the courses
listed above in this subparagraph, (2) advanced courses in any
of the subjects listed above in this subparagraph, (3) training
for supervisory personnel, and (4) specialized training in
subjects and fields to be selected by the board. The training
in the use of electronic control devices shall be conducted for
probationary police officers, including University police
officers.
    b. Minimum courses of study, attendance requirements and
equipment requirements.
    c. Minimum requirements for instructors.
    d. Minimum basic training requirements, which a
probationary police officer must satisfactorily complete
before being eligible for permanent employment as a local law
enforcement officer for a participating local governmental
agency. Those requirements shall include training in first aid
(including cardiopulmonary resuscitation).
    e. Minimum basic training requirements, which a
probationary county corrections officer must satisfactorily
complete before being eligible for permanent employment as a
county corrections officer for a participating local
governmental agency.
    f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as a
court security officer for a participating local governmental
agency. The Board shall establish those training requirements
which it considers appropriate for court security officers and
shall certify schools to conduct that training.
    A person hired to serve as a court security officer must
obtain from the Board a certificate (i) attesting to his or her
successful completion of the training course; (ii) attesting to
his or her satisfactory completion of a training program of
similar content and number of hours that has been found
acceptable by the Board under the provisions of this Act; or
(iii) attesting to the Board's determination that the training
course is unnecessary because of the person's extensive prior
law enforcement experience.
    Individuals who currently serve as court security officers
shall be deemed qualified to continue to serve in that capacity
so long as they are certified as provided by this Act within 24
months of the effective date of this amendatory Act of 1996.
Failure to be so certified, absent a waiver from the Board,
shall cause the officer to forfeit his or her position.
    All individuals hired as court security officers on or
after the effective date of this amendatory Act of 1996 shall
be certified within 12 months of the date of their hire, unless
a waiver has been obtained by the Board, or they shall forfeit
their positions.
    The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit Commission,
shall maintain a list of all individuals who have filed
applications to become court security officers and who meet the
eligibility requirements established under this Act. Either
the Sheriff's Merit Commission, or the Sheriff's Office if no
Sheriff's Merit Commission exists, shall establish a schedule
of reasonable intervals for verification of the applicants'
qualifications under this Act and as established by the Board.
(Source: P.A. 97-815, eff. 1-1-13; 97-862, eff. 1-1-13; revised
8-3-12.)
 
    (50 ILCS 705/10.14 new)
    Sec. 10.14. Electronic control devices used by local law
enforcement agencies; inspections.
    (a) For the purposes of this Section, "electronic control
device" means:
        (1) any device which is powered by electrical charging
    units, such as, batteries, and which fires one or several
    barbs attached to a length of wire and which, upon hitting
    a human, can send out a current capable of disrupting the
    person's nervous system in such a manner as to render the
    person incapable of normal functioning; or
        (2) any device which is powered by electrical charging
    units, such as batteries, and which, upon contact with a
    human or clothing worn by a human, can send out current
    capable of disrupting the person's nervous system in such a
    manner as to render the person incapable of normal
    functioning.
    (b) Beginning January 1, 2014 and ending December 31, 2015,
the Board shall randomly inspect police departments of units of
local government and university police departments concerning
the use of electronic control devices by law enforcement
officers of the departments to determine whether the officers
received appropriate training in their use. The Board shall
compile the information from the random inspections and analyze
the results.
    (c) Based on the analysis required in subsection (b), the
Board shall issue a report and present its report and findings
to the Governor and General Assembly on or before June 30,
2016. The Board in its report may recommend legislation
concerning the use of electronic control devices by law
enforcement officers and the training of law enforcement
officers in the use of those devices.
    (d) This Section is repealed on July 1, 2016.
 
    Section 99. Effective date. This Act takes effect January
1, 2014.

Effective Date: 1/1/2014